How do we respond to The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021?
Link to the full notification - http://egazette.nic.in/WriteReadData/2021/225464.pdf
Internet Freedom Foundation analysis - https://internetfreedom.in/intermediaries-rules-2021/
Software Freedom Law Center India analysis - https://sflc.in/analysis-information-technology-intermediary-guidelines-and-digital-media-ethics-code-rules-2021
LiveLaw.in analysis - http://livelaw.in/columns/the-puttaswamy-test-right-to-privacy-article-21-171181
We will have to comply with requirements of a social media intermediary, many of the services we offer qualify for this including codema.in, poddery.com videos.fsci.in, lists.fsci.in etc.
Social media intermediary
“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. [Rule 2(w)]
You can go through the links shared above to understand our liabilities.
b. Grievance redressal mechanism: Rule 3(2)(a)
...requiring the grievance officer to acknowledge the complaint within twenty four hours and also sets a limit of fifteen days for disposing off the complaint.
k. Non-applicability of Safe Harbour: Rule 7
If an intermediary fails to observe the rules, it shall not be entitled to the safe harbour protection under Section 79 of the Information Technology Act, 2000.
So we will be directly liable to the content shared by any users if we fail to comply.
f. Traceability Requirement or the Originator Requirement: Rule 4(2)
This provision requires a significant social media intermediary providing services primarily in the nature of messaging to identify “first originator” of the information on a computer resource. In order to acquire such information, the Rules require an order issued under Section 69 of IT Act or a judicial order.
We need to discuss and come up with an action plan.