Govt issues FAQs on IT rules
New Delhi: The government on Monday said the new IT rules are consistent with the right to freedom of speech and expression guaranteed by the Constitution, and do not place additional obligations on users.
Releasing a set of Frequently Asked Questions (FAQs) around the intermediary guidelines, IT ministry said the rules have a clear focus on protecting online privacy of individuals, and that even with regard to identification of the first originator of messages, safeguards are in place to ensure that privacy of users is not violated.
Overall, the FAQs seek to address queries that internet and social media users may have about scope of the new rules, major changes it brings over past provisions, how the rules enhance safety of women and children, and due diligence to be done by an intermediary, among others. In one of the questions, the ministry said the rules do not infringe on right to free speech and expression.
"The new IT rules, 2021 have been framed consistent with these rights. The rules place no additional obligations on users and do not contain any sort of penalties applicable on users," it said.
Further, the ministry said the rules define 'social media intermediary' as an intermediary which primarily or solely enables online interaction between two or more users and allows them to "create, upload, share, disseminate, modify or access information using its services".
Typically, any intermediary whose primary purpose is enabling commercial or business-oriented transactions, providing access to internet or search-engine services, e-mail service or online storage service, etc. will not qualify as a social media intermediary, the ministry said in the 20-page document.
To qualify as a social media intermediary, enabling of online interactions should be the primary or sole purpose of the intermediary, it explained.
"Therefore, typically, an entity which has some other primary purpose, but only incidentally enables online interactions, may not be considered as a social media intermediary," it said.
The scope of enabling online interactions would extend to facilitating "socialisation/social networking, including the ability of users to increase their reach and following, within the platform via specific features like follow/subscribe etc.".
According to the ministry, offering opportunity to interact with unknown persons or users, and ability of enabling virality of content by facilitation of sharing would also amount to enabling online interaction, it said.
Separately, the ministry will come out with the Standard Operating Procedure (SOP) around the IT rules and intermediary norms that would contain details of the appropriate agencies who will have the authority to issue takedown notices to platforms.
The IT Rules, 2021 are meant to benefit general users, who are using any intermediary platform, it said, adding that the norms provide for increased safety of netizens and ensure accountability of platforms by way of a robust grievance redressal mechanism.
"The rules, by providing these reasonable mechanisms and remedies, strive to ensure that social media platforms remain a safe space for all users, free from cyber threats, harassment and unlawful content," it said.
As per IT rules, the chief compliance officer and the nodal contact person cannot be the same person whereas the roles of the nodal contact person and the resident grievance officer may be performed by the same person.
"However, keeping in view the functional requirements of the nodal contact person and the resident grievance officer, it is desirable that SSMI (Significant Social Media Intermediary) appoints separate persons for the two roles," it said.
A parent SSMI can appoint common officers across its products/services. But the contact details to approach these officers are required to be clearly mentioned on each of those product and service platforms separately.
