New Social Media Rules : Messaging Platforms Can Be Asked To Trace 'First Originator' Of Messages

The new rules announced by the Central Government to regulate social media intermediaries empower it to ask messaging platforms like 'WhatsApp', 'Facebook messenger', 'Telegram' to trace the 'first originator' of messages.This is a significant development as law enforcement agencies have been raising serious concerns regarding viral forward messages spreading fake news, hate speech etc.Rule 5(3) of the Information Technology (Guidelines For Intermediaries And Digital Media Ethics Code) Rules, 2021, says that messaging platforms, having subscribers above the threshold notified by the Centre, should enable the identification of "first originator" of the information in its computer resource, as may be required by a judicial order passed by a court of competent jurisdiction or a competent authority under Section 69 of the Information Technology Rules.The verbatim reproduction of the Rule is as follows"A significant social media intermediary providing services primarily in the nature of messaging shall enable the identification of the first originator of the information on its computer resource as may be required by a judicial order passed by a court of competent jurisdiction or an order passed under Section 69 of the Act by the Competent Authority as per the Information Technology (IT) Rules, 2009.""Significant social media intermediary" means a social media with users above such threshold as may be notified by the Central Government.The new rules, framed invoking powers under the Information Technology Act, have come into force with their notification in the Official Gazette today.When can such an order for tracing originator be passed?The rule says that such an order to trace the originator of the message can be passed only for the purposes of prevention, detection, investigation, prosecution or punishment of an offence -related to the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, or public order, or of incitement to an offence relating to the above or in relation with rape, sexually explicit material or child sexual abuse material, punishable with imprisonment for a term of not less than five years.The rule further says that such a tracing order shall not be passed in cases where "less intrusive means are effective in identifying the originator".The Rule has another safeguard which says that the messenger service should not be required to disclose any other message or information related to the first originator or any information related to its other uses.The proviso to Rule 5(3) says : "in complying with an order for identification of the first originator, no significant social media intermediary shall be required to disclose the contents of any electronic message, any other information related to the first originator, or any information related to its other users".Where the first originator of the message is located outside the territory of India, the first originator of that information within the territory of India shall be deemed to be the first originator of the information for the purpose of this clause.Rule 4 of the 2021 Draft Rules provide 16-due diligence rules to be followed by intermediaries in India.Further, all intermediaries are required to appoint a Chief Compliance Officer who shall be responsible for ensuring compliance with the Act. Also, they should appoint a nodal person of contact for 24x7 coordination with law enforcement agencies and officers to ensure compliance to their orders or requisitions made in accordance with the provisions of law or rules made thereunder.Explaining the intent behind the rules, Union Law Minister Ravi Shankar Prasad told reporters on Thursday, "We are not asking them (social media platform) to disclose the content; but just the originator. We want to know who began the mischief, and it will be only in cases where punishment is over five years, so there is a proper safeguard."The rules have also appendixed a 'code of ethics' to be followed by social media intermediaries, OTT platforms and digital media. The Rules prescribe a 3-level regulatory mechanism for compliance of 'Code of Ethics'.Level 1 - Self Regulation.Level 2 - Regulation by Self-Regulating Bodies.Level 3- Oversight mechanism by Central Government.The Centre will create a 'Grievance Portal' and any person having a complaint with content in OTT platforms or digital media may register the complaint with the 'Grievance Portal'. The complaint will be first forwarded by Centre to the concerned entity first.OTT platforms, digital media are to appoint a 'Grievance Redressal Officer' to deal with the grievances forwarded by the Grievance Portal.A person, who is dissatisfied with the response of the Grievance Redressal Officer, can appeal to the self-regulating body formed for the concerned entity. Further appeal can be made to the Central Government. Centre releases the draft of rules to regulate social media intermediaries, OTT platforms and...

New Social Media Rules : Messaging Platforms Can Be Asked To Trace 'First Originator' Of Messages

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New Social Media Rules : Messaging Platforms Can Be Asked To Trace 'First Originator' Of Messages

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