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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