New Rules for Social Media is a Boon or a Bane

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Introduction

Do we need to control social media and OTT Platforms

The Government of India must issue guidelines for social media and OTT platforms. Social media law is a developing area of law that involves both civil and criminal aspects. Some social media are not complying with the guidelines and orders of the Indian Government.

Information Technology Minister of India Ravi Shankar Prasad said, “India is one of the world’s largest open Internet societies and Government embrace social media companies to oversee in India do business and earn profits. However, they will have to be accountable to the Indian laws”.

Twitter had blocked IT minister ID for an hour without any notification or warring. Twitter had made the argument that R.S. Prasad infringed the US Digital Millennium Copyright. In Response, he said, “Twitter’s action in violation of Rule 4(8) of IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

It is important to note, “What the new guidelines are and how they are helpful for us”?

New Rules

 Social media have to follow the new rules within the duration. It is important on the aspects of the nationwide. It may reduce crime in the IT sector.  

End of end to end encryption:

The Government of India issues that there is a need to catch the person who originates and spread the fake message or news on social media. It is essential to track that person to stop the proliferation of rumours. From this cybercrime can also be controlled.

Some people consider it is a violation of their fundamental rights, an infringement of the Right to Privacy. But from these new laws, many crimes controlled because before the new guidelines. The companies are not responsible for the layout. For this, the third party is accountable. In the new rule, the rule of strict liability will be implemented.

Appointment of new officers:

According to the guidelines Social media have to appoint three officers who must be residents of India, to comply with the other nations, to communicate the laws of India to social media. There is a need for a link.

The first one is ensuring compliance with the Act and Rules. The post will be known as ‘Chief Compliance Officer’. The second one is the nodal contact person and the last one is the Resident grievance officer. These officers shall work as intermediaries. They will understand the issues and deal with these issues and inform the media.

OTT and Digital media:

The OTT and Digit media like Netflix and Amazon Prime need to take responsibility for the things which they show and how they affect the mindset of a person or a child. There are many restrictions imposed in the mass media. As the changes occur, there is a need for barriers in OTT and digital media.

The Centre set a three-month deadline for social media to comply with it.

Need of New Rules

These new rules will be boon for us. We have to hope for the best but be prepared for the worst.

The new rules are not only essential to avoid the overruling of social media firms but also to protect society from crime. These new rules will be boon for us. There are many cases of mob lynching, riots that arise from the false content in social media.

In Gujarat, A lady who was 40 years old, mob lynches after the rumours of ‘child abductors’ on social media. The other persons who were with her also get badly injured around 30 people attacked them.

It also creates misunderstanding between two or more communities and the result comes out is riots between them and without any reasonable reason, we lost many innocent people. A piece of false news can also lead to civil war. It is necessary to catch the person or persons who are the originator of that news or message.

There is also some content on the social media platforms which gave a bad impact on the mind of the youth of the nation and there is no one who can take responsibility for it. OTT and digital media, sexual content also present in which it is needed to impose some restrictions.

According to The Indian Express, The Information Technology Act, 2000 section 79 states that social media intermediary’s immunity from lawful prosecution for content posted on social media platforms.

Judicial Response

The nativity of these guidelines provided by the Supreme Court in Prajwala v. Union of India, the honourable court ordered the government to construct the necessary rules/Standard Operating Procedure (SOP) for social media and ask to supervise the companies to eliminate the unacceptable pictures and videos, to reduce child pornography.

Another case of the Indian apex court in Tehseen S. Poonawalla, the court provide the freedom to curb the promulgation of irresponsible and fake news or messages on various platforms. It will help to decrease the chances of riots, mob lynching and so on.

Conclusion

The order from the Government of India is in ‘Significant Social Media Intermediaries (SSMIs)’ a privilege for us to save the innocent people of our society. There should be punishment for those who are the creator of the mendacious news. Many accidents happen because of these types of information.

The new directive for social media that has caught the limelight of people is the term ‘safe harbour’ which is basically for the time when these platforms don’t comply with the new guidelines, their indemnity will be taken away under Section 79 of the Information Technology Act. The directions are announced with the motive to remain social media as a source of healthy and fair information.

Kratanshi Srivastava

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