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News:
The government to propose amendments to the Information Technology (IT) Act that seek to make it mandatory for social media platforms to trace originator of unlawful fake news.
Important Facts:
- Due to Number of lynching incidents reported in 2018 mostly due to fake news circulated through WhatsApp and other social media sites, government has sought changes under Section 79 of the Information Technology (IT)
- Online platforms referred to as “intermediaries” – must “deploy technology based automated tools or appropriate mechanisms, with appropriate controls, for proactively identifying or removing or disabling access to unlawful information or content
Some key suggestions of the IT Intermediaries Guidelines (Amendment) Rules 2018
- Draft rule 3 (5) of the Information Technology (Intermediaries Guidelines) Amendment Rules, 2018 proposes social media intermediaries to provide information/assistance when required by “lawful order” by any government agency for reasons of State security, cyber security, investigation, detection, prosecution or prevention of offences. The “originator of the information” needs to be traced to register an FIR.
- The draft rules require the intermediary to trace the “originator of information” for authorised government agencies. The intermediary has to produce the information in 72 hours, but only if the request is based on a lawful order Disable access to unlawful acts within 24 hours of being notified, which may include lynching or mob violence
- It proposes social media intermediaries to publish rules, privacy policy to stop users from engaging in online material which is pedophilic, pornographic, hateful, racially and ethnically objectionable, invasive of privacy, etc.
- Changes proposed under Section 79 of the Information Technology (IT) Act require online platforms such as Whatsapp, Facebook etc to “deploy technology based automated tools or appropriate mechanisms to “proactively identify or remove or disable access to unlawful information or content”.
- Proposes intermediaries to “appoint in India, a nodal person of contact and alternate senior designated functionary, for 24X7 coordination with law enforcement agencies and officers to ensure compliance to their orders/requisitions made in accordance with provisions of law or rules.
- It says that when an intermediary receives actual knowledge in the form of a court order or is notified by a government agency under Section 79(3)(b) of the Information Technology Act, it shall remove or disable access to unlawful acts.
Supreme Court Judgements
- SC in Tehseen S. Poonawalla case: Stated, it shall be the duty of the Central government as well as State governments to take steps to curb and stop dissemination of irresponsible and explosive messages, videos and other material on various social media platforms which have a tendency to incite mob violence and lynching of any kind. The police shall cause to register an FIR
