{"id":53463,"date":"2019-10-26T10:30:05","date_gmt":"2019-10-26T05:00:05","guid":{"rendered":"https:\/\/blogadmin.forumias.com\/?page_id=53463"},"modified":"2019-10-26T10:30:11","modified_gmt":"2019-10-26T05:00:11","slug":"answered-discuss-the-intermediaries-guidelines-amendment-rules-issued-in-2018-why-these-rules-are-important","status":"publish","type":"page","link":"https:\/\/forumias.com\/blog\/answered-discuss-the-intermediaries-guidelines-amendment-rules-issued-in-2018-why-these-rules-are-important\/","title":{"rendered":"[Answered] Discuss the Intermediaries Guidelines (Amendment) Rules issued in 2018. Why these rules are important?"},"content":{"rendered":"\n
Demand of the question<\/strong>
Introduction. <\/strong>What are intermediaries?
Body. <\/strong>What are Key provisions of Intermediaries Guidelines Rules, 2018? Significance of the Intermediaries Guidelines.
Conclusion. <\/strong>Way forward. <\/td><\/tr><\/tbody><\/table>\n\n\n\n

Intermediaries are entities that store or transmit data on behalf of other persons. They include internet or telecom service providers, and online market places. Ministry of Electronics and Information Technology had proposed to amend Information Technology (Intermediaries Guidelines) Rules under Section 79 of the Information Technology Act. The Rules are viewed as a way to remove fake news and propagandas through intermediaries regulation.<\/p>\n\n\n\n

Key provisions of Intermediaries\nGuidelines (Amendment) Rules, 2018:<\/strong><\/p>\n\n\n\n

  1. Prohibited Categories:<\/strong> The Rules require each intermediary\nsuch as Facebook, Google, WhatsApp, and others to publish terms of use. These\nterms of use are required to prohibit the user from hosting certain content,\nincluding content that is grossly harmful or obscene. The Draft Rules prohibit\na new category of information which threatens \u2018public health or safety\u2019, and\nincludes promotion of cigarettes or tobacco products or consumption of\nintoxicants including alcohol and nicotine. <\/li>
  2. Removal of content: <\/strong>Any intermediary must, on receipt of\na court order or on being notified by the government, remove access to unlawful\ncontent. These are acts related to the sovereignty of India, security, and\npublic order, among others.  Such removal\nmust be done by the intermediary within 24 hours.  Further, intermediaries must also deploy\nautomated tools to identify and remove public access to unlawful content.  <\/li>
  3. Assistance:<\/strong> Intermediaries must provide\nassistance to government agencies (based on a lawful order), within 72 hours.\nFurther, they must enable tracing of the originator of the information on its\nplatform.<\/li>
  4. Registered physical presence: <\/strong>Certain intermediaries must be\nincorporated in India, under the Companies Act, 2013. These are those with more\nthan fifty lakh users or as notified by the government. They must also have a\npermanent office in India, and designate persons for coordination with\ngovernment agencies.  <\/li><\/ol>\n\n\n\n

    Significance of the Intermediaries\nGuidelines<\/strong>:<\/strong><\/p>\n\n\n\n

    1. This should help in proactively\nidentifying and removing or disabling public access to unlawful information or\ncontent.<\/li>
    2. It will help in enhancing the\ninternet security more stringently. The intermediaries are now required as per\n2018 Rules to inform the user once every month. <\/li>
    3. If the Rules and regulations,\nprivacy policy and user agreement to access or usage of Intermediary computer\nresource are not complied with, then the intermediaries reserves the right to\nterminate such access and usage. <\/li>
    4. It will Act as a constant reminder\nfor the users about such policies and regulations and prevent them from\ncommitting breach, which can lead to bad repercussions.<\/li>
    5. The 2018 Rules further provides that\nwhenever an order is issued by the government agencies seeking information or\nassistance concerning cyber security, then the intermediaries must provide them\nthe same within 72 hours. Initially such request could have been made only\nthrough writing but now the government has included that such requests can now\nbe made even via electronic means. <\/li>
    6. It will make social media\naccountable under law and protect people and intermediaries from misusing the\nsame. <\/li>
    7. This step would help to crack down\non fake and inflammatory posts and messages that can cause violence including\nlynching across the country. <\/li><\/ol>\n\n\n\n

      Although the draft rules have been criticised\nfor expanding the scope for state surveillance of citizens. Internet\/Online\nIntermediary. But these draft rules are in line with various judgments given by\nthe Supreme Court (SC) to deal with malicious online content. There are some\nconcerns but there is also scope to make regulations better and improved.<\/p>\n","protected":false},"excerpt":{"rendered":"

      Demand of the question Introduction. What are intermediaries? Body. What are Key provisions of Intermediaries Guidelines Rules, 2018? Significance of the Intermediaries Guidelines. Conclusion. Way forward. Intermediaries are entities that store or transmit data on behalf of other persons. They include internet or telecom service providers, and online market places. Ministry of Electronics and Information… Continue reading [Answered] Discuss the Intermediaries Guidelines (Amendment) Rules issued in 2018. Why these rules are important?<\/span><\/a><\/p>\n","protected":false},"author":61,"featured_media":49132,"parent":0,"menu_order":0,"comment_status":"open","ping_status":"closed","template":"","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"class_list":["post-53463","page","type-page","status-publish","has-post-thumbnail","hentry","entry"],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/53463","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/61"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=53463"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/53463\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media\/49132"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=53463"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}