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By notifying The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, under the Section 79 of the Information Technology Act, India has probably taken the toughest stand on regulation of social media and over the top (OTT) platforms in the world, said experts.
The revised guidelines, officials said, seek to ensure that companies are also more accountable for the content on their platforms while complying with local laws and government orders.
Scores of foreign digital companies with millions of users in India have to necessarily set up India offices with locally appointed officers who will be responsible for adhering to requests ranging from traceability of messages to taking down content.
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The government isn’t insisting on scrapping encryption on these messaging platforms, information technology minister Ravi Shankar Prasad said. When we’re talking about the first originator, we’re not asking them to disclose the content. Simple question who began this mischief? It will be only in relation to issues where the punishment is for more than five years, such as security, sovereignty of India, rape etc. He added that proper safeguards have been put in place to avoid misuse of the law.
Under the rules, no intermediary will be required to disclose the contents of a message or information related to the originator and other users. If the message started overseas, the first person to have shared the content in India will be considered the first originator . The rules also stipulate that no order will be passed in cases where other less intrusive means are effective in identifying the originator of the information. What