Social media companies such as Facebook, Twitter, Instagram, Google and others have approached the information and broadcasting (I&B) ministry citing apprehensions that they may face parallel regulations if the Data Protection Bill becomes the law in its current shape. Sources said the I&B ministry has taken up their case as it also feels that bringing intermediaries under the proposed Bill would create confusion as to who would regulate them – I&B as is the current arrangement, ministry of electronics and IT, or a newly designated regulator, Data Protection Authority.
The issue has gained attention and is being debated upon in the government as the joint committee of Parliament (JCP), in its recently submitted recommendations on Personal Data Protection Bill, 2019, has encompassed even the social media firms, referred to as intermediaries. This is despite the fact that such firms are already being governed by the Information Technology Act and an added set of rules which came into effect on May 26, 2021.
On the need to regulate social media intermediaries, the JCP has recommended that all social media platforms, which do not act as intermediaries, be treated as publishers and be held accountable for the content they host. It has said that a mechanism should be devised where social media platforms, which do not act as intermediaries, would be held responsible for the content from unverified accounts on their platforms.
The intent is that such firms be regulated by the Data Protection Authority, which would be kind of a regulator under the jurisdiction of MeitY.
Social media firms and the I&B ministry have objected to this inclusion. According to them, the new intermediary rules which were notified on February 25, 2021, and came into force from May 26 the same year are aimed at regulating all social media intermediaries like Twitter, Facebook, Instagram, Google, YouTube etc, as as well as over-the-top platforms like Netflix, Amazon Prime Video and stand-alone digital media outlets.
While the guidelines relating to intermediaries were already in force from earlier times, through the new rules the government had tightened some clauses such as reducing the time provided to the platforms to remove what is deemed by it as unlawful content under Section 69A of the IT Act. Such content now needs to be removed within 36 hours of being flagged, against 72 hours earlier.
As per the new rules, these platforms have already appointed grievance redressal officers in the country to resolve consumer grievances within a specific time period, as well as have designated nodal officers for coordination with the government over law and order matters. For messaging platforms such as WhatsApp, a new requirement was inserted which requires it to provide the first originator of what is deemed as mischievous messages by the government which may lead to law and order problem or threatens the country’s sovereignty, integrity, or friendly relations with neighbours.
Non-compliance with the rules would result in these social media companies losing their intermediary status, which provides them exemptions and certain immunity from liabilities for any third-party content and data hosted by them. Once this happens, they could be liable for criminal action, in case of complaints.
The view of the firms as well as the I&B ministry is that if all the issues related to social media firms flagged by the JCP in the Data Protection Bill recommendations have already been addressed by law and are being administered, why create parallel regulations which would create business uncertainties.
