New IT Law:
#GS II #Government Policies and Interventions
Topic Government Policies and Interventions
- The Union government on Thursday formally announced the Digital India Act, 2023, a significant update to the Information Technology Act, 2000, which has been in existence for many years. Rajeev Chandrasekhar, a minister of state for electronics and information technology, presented the changes in Bengaluru.
What will change most in the IT Regulations for 2021?
New advice for social media-using intermediaries:
- Intermediaries are currently only required to alert users of the risks associated with uploading a limited range of dangerous or unlawful information. Due to these changes, intermediaries are now mandated by law to use commercially reasonable efforts to prevent users from uploading such content. The new provision will guarantee that the intermediary’s obligation goes beyond mere formality.
- The amendment includes a requirement that intermediaries uphold the rights guaranteed to users under Articles 14, 19, and 21 of the Indian Constitution, including a reasonable expectation of diligence, privacy, and openness.
- It is essential that the intermediary’s policies are effectively communicated in local Indian languages as well.
Amendments to Rule 3:
- To clarify the grounds, the words “defamatory” and “libellous” have been removed from subclause 1 of rule 3 (rule 3(1)(b)(ii)).
- Any content that may be libellous or defamatory will be subject to judicial review.
- Several of the content categories in subclause 1 of rule 3 (rule 3(1)(b)) have been rephrased to expressly target misinformation and content that can encourage violence between different religious or caste groups.
- The formation of the committee(s) for grievance appeals: In order to allow users the chance to contest the inaction or conclusions reached by intermediaries about their complaints, Grievance Appellate Committees will be established.
- Nonetheless, users will always be able to go to court for help.
What key IT regulations will apply in 2021?
Social media Must Be Used With Greater Caution:
- In principle, the IT Guidelines (2021) demand social media platforms to be more vigilant regarding the material on their sites.
- Make a Grievance Officer; they must establish a process for dealing with complaints and remove any unlawful or improper content right away.
- The grievance officer is in charge of receiving and managing customer complaints as part of the platform’s dispute resolution procedure.
- By removing or blocking access to any content that exposes people’s private regions, shows them in full or partial nudity or engaging in sexual acts, is impersonative in nature, uses morphing photographs, etc., within 24 hours of receiving complaints, intermediaries protect users’ safety and dignity online.
- Users must be aware of social media platforms’ privacy policies in order to avoid sharing content that is copyleft protected, objectionable due to racial or ethnic origin, pedophilic, or that could jeopardise India’s unity, integrity, defence, security, or sovereignty as well as friendly relations with other nations, or that is illegal under any current laws.