Lok Sabha Question No. 301 (STARRED), answered on 2021-03-17
Subject: Regulation of Social Media
Ministry: ELECTRONICS AND INFORMATION TECHNOLOGY
Asked by: Deepak Baij

## GOVERNMENT OF INDIA MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY

## LOK SABHA STARRED QUESTION NO. *301

TO BE ANSWERED ON: 17.03.2021

## REGULATION OF SOCIAL MEDIA

## *301. SHRI DEEPAK BAIJ:

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

- (a) whether the Government proposes to appoint a regulator to make social media accountable and if so, the details thereof;
- (b) the action taken by the Government against social media companies so far and the number of people whose social media accounts have been suspended during the last one year; and
- (c)  whether  the  Government  has  conducted  any  study  regarding  the  impact  of Government's  control  over  social  media  vis-a-vis  right  to  freedom  of  expression enshrined in the Constitution and if so, the details and the outcome thereof?

## ANSWER

MINISTER FOR ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

- (a)  to (c):   A statement is laid on the Table of the House.

## STATEMENT REFERRED TO IN REPLY TO LOK SABHA STARRED Q. NO.*301  FOR 17-03-2021 REGARDING REGULATION OF SOCIAL MEDIA

……..

(a) and (b):  The social media platforms, for the user generated content made available on their platforms, are  intermediaries as defined in the Information Technology Act, 2000. Section 79 of the Act provides exemption from liability to intermediaries, provided they follow certain due diligence and are required to disable/remove  unlawful  content  relatable  to  Article  19(2)  of  the  Constitution,  on  being  notified  by appropriate government or its agency or through court order. In order to provide enhanced user safety as also  accountability  of  social  media  platforms,  Government  has  released  the  Information  Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 under the Act that specifies the due diligence  to  be  followed  by  all  the  intermediaries  including  the  social  media  intermediaries  The  social media platforms are enjoined to develop a robust grievance redressal system.

Presently,  there  is  no  proposal  with  Ministry  of  Electronics  and  Information  Technology  to  appoint  a regulator for social media.

Under provision of section 69A of the Information Technology Act, 2000, Government blocks unlawful and malicious online content including social media account,in the interest of sovereignty and integrity of India, defence of India, security of the State, friendly relations with foreign states or public order or for preventing  incitement  to  the  commission  of  any  cognizable  offence  relating  to  above.  Under  this provision,  9849  URLs/accounts/webpages,  mostly  on  social  media  platforms,  were  blocked  during  the year 2020.

(c):  No  such  study  is  undertaken  by  the  Government.  The  Government  values  freedom  of  speech  and expression  which  is  a  fundamental  right  under  article  19(1)  of  the  Constitution.  The  Government welcomes criticism, dissent and also the rights of people to ask questions on social media. However, this needs to be acknowledged that the fundamental right of speech and expression under article 19(1) is also subject  to  reasonable  restrictions  under  article  19(2)  of  the  Constitution  which  can  be  imposed  in  the interest of security, safety and sovereignty of India, public order, friendly relations with foreign countries etc.  It  is  equally  important  that  social  media  should  not  be  abused  or  misused  to  defame,  promote terrorism,  rampant  violence  and  compromise  the  dignity  of  women.  It  is  for  these  challenges  that  the intermediaries  are  expected  to  remove/disable  content  as  and  when  brought  to  the  knowledge  of intermediaries either through a court order or through a notice by appropriate government or its agency or when directed under section 69A of the IT Act 2000, following due process of law.

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