Draft IT Rules: Under the proposed rules, if even an ordinary user posts content related to news and current affairs on social media, it will fall under the same regulatory framework that applies to major news publishers.
This implies that such content could be removed, modified, or-in emergencies-even blocked. Furthermore, social media platforms will now be required to comply with guidelines or advisories issued by the Ministry of Electronics and Information Technology (MeitY). Failure to do so could result in legal action against them. Both of these changes are part of the proposed amendments to the IT Rules, 2021.
The Ministry of IT has released the draft of these amendments for public feedback. The public may submit their comments on the draft until April 14. These changes will also significantly expand the content-blocking powers of the Ministry of Information and Broadcasting (MIB). Under this framework, action may also be initiated through an Inter-Disciplinary Committee (IDC). Another significant change is that the IDC will no longer be restricted to reviewing matters based solely on formal complaints; it will now have the authority to examine any issue *suo motu* (on its own initiative), even in the absence of a formal complaint.
According to a report by *HT*, the authority to block content under Section 69A of the IT Act-currently vested with the Ministry of IT (MeitY)-may eventually be extended to the Ministry of Information and Broadcasting (MIB) as well. Moreover, proposals are being considered to grant similar powers to the Ministry of Home Affairs, the Ministry of Defence, and the Ministry of External Affairs. Currently, this proposal is in the discussion phase, and feedback from the respective ministries is still awaited. Driven by recent advancements in AI technology, the proliferation of deepfake content on social media platforms has surged rapidly. Consequently, platforms have intensified their efforts to remove such content; currently, the volume of deepfake content being removed is two to three times higher than previous levels.
Five Major Proposed Changes to the IT Rules:
Rules 3(1)(g) and 3(1)(h)-The obligation to preserve data will no longer be limited solely to the requirements of the IT Rules; platforms will now also be required to retain information sought under any other applicable law. Rule 3(4) - Social media platforms will now be required to strictly adhere to the advisories, directives, SOPs, and guidelines issued by MeitY. Failure to do so could result in the loss of the legal protection (Safe Harbour) granted to them under Section 79 of the IT Act.
Amendment to Rule 8(1) - The monitoring mechanism of the MIB will no longer be limited solely to news publishers; it will now also extend to social media platforms and individual users who share news or current affairs content. It is under this very framework that the authority to block content is vested.
Rule 14(2) - The Inter-Departmental Committee (IDC) will now be empowered to examine not only formal complaints but any matter whatsoever, particularly if such a matter has been referred to it by the MIB.
Rule 14(5) - Here too, the word "matter" has been substituted for "complaint," thereby granting the IDC broader and more expansive powers.
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