Govt issues FAQs on IT rules; says norms consistent with freedom of speech

 

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.".

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