Lok Sabha Question No. 5313 (UNSTARRED), answered on 2023-04-05
Subject: Call on Social Media Takedowns
Ministry: ELECTRONICS AND INFORMATION TECHNOLOGY
Asked by: Prataprao  Jadhav, Sudheer Gupta, Shrirang Appa Barne, Sanjay Sadashivrao Mandlik, Bidyut Baran Mahato, Sambhajirao Mane Dhairyasheel

## GOVERNMENT OF INDIA MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY

## LOK SABHA

## UNSTARRED QUESTION No. 5313

TO BE ANSWERED ON 5.4.2023

## CALL ON SOCIAL MEDIA TAKEDOWNS

## 5313.   SHRI PRATAPRAO JADHAV:

SHRI SUDHEER GUPTA:

SHRI SHRIRANG APPA BARNE:

SHRI SANJAY SADASHIVRAOMANDLIK:

SHRI BIDYUT BARAN MAHATO:

SHRI DHAIRYASHEEL SAMBHAJIRAOMANE:

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

- (a) whether the Government has amended/ proposes to amend the information and technology rules and notified three grievance appellate panels/ committees to take the final call on social media takedowns;
- (b) if so, the details thereof along with the aims and objectives thereto;
- (c) the reaction of the members of civil society and social media industry in this regard;
- (d) the details of the composition of the three panels/committees formed by the Government;
- (e) whether the Government has made any provisions for members of civil society and social media industry who are dissatisfied by the action taken against content or accounts before the panels and if so, the details thereof; and
- (f)  the  time  by  which  the  said  panels/committees  are  likely  to  submit  their  report  to  the Government?

## ANSWER

## MINISTER OF STATE FOR ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI RAJEEV CHANDRASEKHAR)

- (a):  The  policies  of  the  Government  are aimed  at ensuring an  Open, Safe and Trusted and Accountable  Internet  for  its  users.  To  help  achieve  this  aim,the  Central  Government,  in exercise  of  powers  conferred  by  the  Information  Technology  Act,  2000,  has  made  the Information  Technology  (Intermediary  Guidelines  and  Digital  Media  Ethics  Code)  Rules, 2021  ('IT  Rules,  2021').  Further,  provision  for  the  Grievance  Appellate  Committees  was made through amendments notified to the IT Rules, 2021 on 28.10.2022.
- (b):  With  the  expansion  of  the  Internet  and  more  and  more  Indians  coming  online,  the possibility  that  Digital  Nagrik  or  citizens  being  exposed  to  user  harms,  disinformation  and criminality has also increased. As the digital eco-system and connected Internet users in India expand, so do the challenges and problems faced by them, as well as some of the infirmities and gaps that exist in the previous rule vis-a-vis Big Tech platform, the Central Government, in  exercise  of  powers  conferred  by  the  Information  TechnologyAct,  2000,  has  notified  the amendment  to  the  IT  Rules,  2021.  These  rules  cast  specific  obligation  on  intermediaries, including social media intermediaries, to observe due diligence and provide that if they fail to observe such due diligence, they shall no longer be exempt from their liability under law for third-party information or data or communication link hosted by them. Further, the amended rules also provide for the establishment of Grievance Appellate Committee(s) to allow users to  appeal  against  the  decisions  taken  by  Grievance  Officers  of  intermediaries  on  user complaints.
- (c):  The  amendment  to  the  IT  Rules,  2021  was  notified  after  inviting  feedback/comments from the public and consultation with stakeholders, including members of civil society and social media industry, and duly considering the same.
- (d):  The  Central  Government  has  established  three  Grievance  Appellate  Committees  and appointed  members  thereto, vide Ministry  of  Electronics  and  Information  Technology's notification S.O. 442(E), dated 27.1.2023, which includes the details of their composition. A copy of the same is available on link https://egazette.nic.in/WriteReadData/2023/243258.pdf.

(e): There is no such provision prescribed in the IT Rules, 2021.

(f): The IT Rules, 2021 do not provide for appeal against or revision of orders passed by the Grievance Appellate Committee. However, article 32 of the Constitution guarantees citizens the  right  to  move  the  Supreme  Court  by  appropriate  proceedings  for  enforcement  of fundamental rights and article 226 empowers High Courts to issue writs for enforcement of fundamental rights.

********