Lok Sabha Question No. 300 (UNSTARRED), answered on 2018-12-12
Subject: Objectionable Content on Social Media
Ministry: ELECTRONICS AND INFORMATION TECHNOLOGY
Asked by: JANARDAN SINGH SIGRIWAL

## GOVERNMENT OF INDIA MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY

## LOK SABHA UNSTARRED QUESTION NO.300

TO BE ANSWERED ON: 12.12.2018

## OBJECTIONABLE CONTENT ON SOCIAL MEDIA

## 300. SHRI JANARDAN SINGH SIGRIWAL:

Will the Minister of Electronics & Information Technology be pleased to state:-

- (a) whether the Government has directed any social networking media websites to remove certain objectionable contents from their websites;
- (b) if  so,  the  details  thereof  including  the  number  of  such  requests  made to these websites during each of the last three years and the current year and their response therein along with the details of web pages blocked by the Government recently and the reasons therefor;
- (c) the  number  of  individuals  booked  in  the  country  under  section  66-A  of  the  Information Technology Act during each of the last three years and the current year along with the reasons therefor;
- (d) whether there is any monitoring mechanism in place to regulate the contents posted on social networking sites; and
- (e) if  so,  the details thereof and if not, the steps taken by the Government to check the posting of objectionable contents on such sites?

## ANSWER

## MINISTER OF STATE FOR ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI S.S. AHLUWALIA)

(a)  and  (b): Yes,  Sir. Section  69A  of  the  Information  Technology  (IT)  Act,  2000  provides  for blocking any information generated, transmitted, received, stored or hosted in any computer resource in the interest of - (i) sovereignty and integrity of India, (ii) defence of India, (iii) security of the State, (iv)  friendly  relations  with  foreign  States,  (v)  public  order,  or  (vi)  for  preventing  incitement  to  the commission of any cognizable offence relating to above. The Information Technology (Procedure and Safeguards for blocking for Access of Information for Public) Rules 2009, notified under section 69A provides detailed process including checks-and-balances for blocking of information. The website/webpage is blocked following the due process prescribed in these Rules. The number of Social media URLs blocked / removed during the last 3 years under the provisions of rule 7 Section 69A of the  IT  Act  2000  are  587,  964,  1329  and  2388  for  2015,  2016,  2017  and  2018  (  upto  31.12.2018) respectively . Further,  Government  orders  for  blocking/removal    of  specific  URLs  on  social  media platforms websites/webpages in compliance with the directions of the competent Courts of India.

(c):    The  Hon'ble Supreme  Court  in  its  Order  dated  24.03.2015  in  Shreya  Singhal  vs.  UoI case  has struck down section 66A of Information Technology Act 2000 in its entirety and therefore cannot be enforced.  As  per  the  data  maintained  by  National  Crime  Records  Bureau  (NCRB),  a  total  of  2,423 persons in 2014 and 3,137 persons in 2015 were arrested under combined sections of 66 & 66A of IT Act. NCRB did not maintain data separately for section 66A. The data on section 66A of IT Act is not collected by NCRB since 2016 onwards.

(d)  and  (e):  Government is fully committed to freedom of speech and expression and privacy of its citizens as enshrined in the constitution of India.  Government does not regulate content appearing on social media sites. Law enforcement agencies take action on posting of malicious content on specific case-to-case basis as appropriate.

The  Information  Technology  (IT)  Act,  2000  has  provisions  for  removal  of  objectionable  online content.  Section 79 of the Act provides that intermediaries are required to disable/remove unlawful content  on  being  notified  by  appropriate  government  or  its  agency.  The  Information    Technology (Intermediary  Guidelines)  Rules  2011  notified  under  section  79  of  the  IT  Act  requires  that  the Intermediaries shall observe due diligence while discharging their duties and shall inform the users of computer  resources  not  to  host,  display,  upload,  modify,  Publish,  transmit,  update  or  share  any information that is harmful, objectionable, affect minors and unlawful in any way.

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