Social Media Guidelines UPSC
Source : PIB
GS II : Important aspects of governance, transparency and accountability, e-governance- applications, models, successes, limitations, and potential; citizens charters, transparency & accountability and institutional and other measures
Approach “Social Media Guidelines UPSC” : Mains and Prelims
- Need for Guidelines
- Concerns by Authority and Representatives against Social Media
- Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021
- Impact of violation
Why in News ?
Recently based on the Social Media Guidelines issued by the Government News was circulating that Facebook, Twitter, Instagram could be banned in India.
- Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021
Why Social Media Guidelines ?
The extensive spread of mobile phones, Internet etc. has also enabled many social media platforms to expand their footprints in India.
- WhatsApp users: 53 Crore
Photo by Firmbee.com on Unsplash - YouTube users: 44.8 Crore
- Facebook users: 41 Crore
- Instagram users: 21 Crore
- Twitter users: 1.75 Crore
Gives rise to some serious concerns and consequences which have grown manifold in recent years.
- Persistent spread of fake news has compelled many media platforms to create fact-check mechanisms.
- Instances of use of abusive language, defamatory and obscene contents and blatant disrespect to religious sentiments through platforms are growing.
- Abuse of social media to share morphed images of women and contents to revenge against, have often threatened the dignity of women.
- Also circulation of obscene content, spread of disharmony, financial frauds, incitement of violence, public order etc. are a part negative side of Social Media.
Social Media Intermediaries
Companies that mediate between Person and Society, other realms of social activity and maintain a balance between them. Include messaging related intermediaries, such as WhatsApp, Signal and Telegram, and media related intermediaries, such as Facebook, Instagram and Twitter.
Concerns by Authority and Representatives against Social Media
- The Supreme Court in suo-moto writ petition (Prajjawala case) observed that the Government of India may frame necessary guidelines to eliminate child pornography, rape and gangrape imageries, videos and sites in content hosting platforms and other applications.
- Calling Attention Motion on the misuse of social media and spread of fake news in the Rajya Sabha.
- Ad-hoc committee of the Rajya Sabha laid its report after studying the alarming issue of pornography on social media and its effect on children and society.
- The government brought video streaming over-the-top (OTT) platforms under the ambit of the Ministry of Information and Broadcasting.
What is the Social Media Guidelines UPSC Perspective?
Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 has been framed in exercise of powers under section 87 (2) of the Information Technology Act, 2000 and in supersession of the earlier Information Technology (Intermediary Guidelines) Rules 2011.
Features
Grievance Redressal Mechanism :
- Intermediaries shall appoint a Grievance Officer.
- To establish a grievance redressal mechanism resolving complaints from the users or victims.
- Grievance Officer shall acknowledge the complaint within twenty four hours and resolve it within fifteen days from its receipt.
Two Categories of Social Media Intermediaries
- Social media intermediaries and Significant social media intermediaries.
- Social media companies with more than 50 lakh registered users will be considered significant social media intermediaries
- This distinction is based on the number of users on the social media platform, threshold of user base that will distinguish between social media intermediaries and significant social media intermediaries.
- Due Diligence to Be Followed by Significant Social Media Intermediary
- Appointments of Chief Compliance Officer, Nodal Contact Person, Resident Grievance Officer to be done.
- Publish a monthly compliance report.
- Removal of Unlawful Information to be done by Social media intermediaries when an An intermediary upon receiving actual knowledge in the form of an order by a court or being notified by the Appropriate Govt. or its agencies through authorised officer.
Ensuring Online Safety and Dignity of Users
- Intermediaries shall remove or disable access withing 24 hours of receipt of complaints of contents that affects persons.
- Such a complaint can be filed either by the individual or by any other person on his/her behalf.
Identification of the first originator of the information
- Mainly, instant messaging apps was to make provisions for tracking the first originator of a message.
- Only for the purposes of prevention, detection, investigation, prosecution or punishment of an offence.
- Release of such material punishable with imprisonment for a term of not less than five years.
What happens if Social Media follows this Guidelines ?
- Failure to comply with any one of these requirements in Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 would take away the indemnity provided to social media intermediaries under Section 79 of the Information Technology Act.
- Section 79 of the IT Act
- Any intermediary shall not be held legally or otherwise liable for any third party information, data, or communication link made available or hosted on its platform.
- It shall be applicable if the said intermediary does not in any way, initiate the transmission of the message in question, select the receiver of the transmitted message and does not modify any information contained in the transmission.
- Thus the act protect Social Media that as long as a platform acts just as the messenger carrying a message from one point to other point without interfering in any manner it will be safe from any legal prosecution brought upon due to the message being transmitted.
- The absence of the protection of Section 79 could also lead to situations where employees of the platform may be held liable for no fault on their part
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