Facebook, Twitter to be blocked in India? New social media
rules to come into effect from May 26
A set of Central rules to regulate digital content
featuring a code of ethics and a three-tier grievance redressal framework come
into effect in two days without any of the social media giants -- Twitter,
Facebook and Instagram -- complying to any of it, government sources said. The
rules for news sites and OTT platforms were announced in February and they were
given three months to comply. Sources said if the companies fail to follow the
rules, their intermediary status can be ended and they may be subject to
criminal action.
"Though they claim the protection of
being an intermediary but they exercise their discretion to also modify and
adjudicate upon the content through their own norms without any reference to
Indian Constitution and laws," sources said.
The rules include
appointment of India-based compliance officials, giving their name and contact
address in India, complaint resolution, monitoring of objectionable content,
compliance report and removal of objectionable content.
Under the new laws,
the oversight mechanism will include a committee with representatives from
ministries of Defense, External Affairs, Home, I&B, Law, IT and Women and
Child Development. It will have "suomotu powers" to call hearings on
complaints of violation of the Code of Ethics if it wants.
The government will
also designate an officer of the rank of a Joint Secretary or above as the
"Authorized Officer" who can direct blocking of content. If an
appellate body believes that the content violates the law, it is empowered to
send the content to a government-controlled committee for blocking orders to be
issued.
The government had
said its aim was to establish what it called a "soft touch progressive
institutional mechanism with a level-playing field".
Notifying the rules on February 25, the Electronics &
Information Technology ministry gave a three-month deadline to social media
platforms to comply with the new rules. The window ends on May 25.
So far, no company except for one has appointed any such
officials, sources said. Some platforms have asked for a six-month deadline,
saying they were waiting for instructions from their headquarters in the US.
These companies are working in India, making profits from India
but wait for a green signal from the headquarters to follow guidelines,"
sources said. Companies like Twitter, they said, keep their own fact checkers
that neither identify nor reveal how the facts are being investigated.

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