Lok Sabha Question No. 1133 (UNSTARRED), answered on 2023-02-08
Subject: Accountability of Social Media
Ministry: ELECTRONICS AND INFORMATION TECHNOLOGY
Asked by: Ajay Nishad

## GOVERNMENT OF INDIA MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY

## LOK SABHA

## UNSTARRED QUESTION NO. 1133

TO BE ANSWERED ON:  8.2.2023

## ACCOUNTABILITY OF SOCIAL MEDIA

## 1133.   SHRI AJAY NISHAD:

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

- (a)  whether  the  Government  proposes  to  appoint  an  officer  to  hold  the  accountability  of  social media and if so, the details thereof;

(b) the details of action taken by the Government against social media companies so far along with the number of social media accounts suspended during the last one year;

(c) whether the Government has undertaken any study with regard to the impact of Government control on social media vis-a-vis the right to freedom of expression enshrined in the constitution; and

(d) if so, the details along with the outcomes thereof?

## ANSWER

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

(a):The Government's objective is to ensure an Open, Safe, Trusted and Accountable Internet for Digital Nagrik or citizens.

To ensure that, the Central Government, in exercise of powers conferred by the Information Technology Act, 2000 ('IT Act'), has notified the new Information Technology (Intermediary  Guidelines  and  Digital  Media  Ethics  Code)  Rules,  2021('IT  Rules,  2021'). These new rules cast specific obligation on intermediaries vis-à-vis what kind of information is to be hosted, displayed, uploaded, published, transmitted, stored or shared. Intermediaries are also required to remove any content violative of any law for the time being in force as and when  brought  to  their  knowledge  either  through  a  court  order  or  through  a  notice  by appropriate  government  or  its  authorised  agency.  In  case  of  failure  to  follow  diligence  as provided  in  the  IT  Rules,  2021,  by  intermediaries,  they  shall  lose  their  exemption  from liability  under  section  79  of  the  IT  Act  and  shall  be  liable  for  consequential  action  as provided  in  such  law.  Further,  in  case  an  intermediary  is  a  significant  social  media intermediary  (an  intermediary  having  more  than  50  lakh  registered  users  in  India),  to additionally  observe  due  diligence  in  terms  of  appointing,  in  India,  a  Grievance  Officer,  a Chief  Compliance  Officer  and  a  nodal  contact  person  for  24x7  coordination  with  law enforcement  agencies.  As  per  the  IT  Rules,  2021,  the  Chief  Compliance  Officer  is responsible for ensuring compliance with the IT Act and the rules made thereunder.

Keeping  in  view  complaints  regarding  action  or  inaction,  on  the  part  of  the  social  media intermediaries and other intermediaries on user grievances regarding objectionable content or suspension  of  their  accounts,  the  Central  Government  has  also  established  three  GACs (Grievance Appellate Committees), as provided for in the said IT Rules, 2021 to enable users to  appeal  against  the  decisions  taken  by  Grievance  Officer  of  intermediaries  on  user complaints.

(b):  Section  69A  of  the  IT  Act  empowers  Government  to  block  information  for  access  by public 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. For blocking of information under section 69A,  the Government  follows  the process prescribed under the Information

Technology (Procedure and Safeguards for Blocking for Access of Information for Public) Rules, 2009. The Ministry of Electronics and Information Technology issued directions under section 69A of the IT Act for blocking a total of 6,775 Uniform Resource Locators (URLs) in the  year  2022,  which  include  URLs  for  webpages,  websites  and  content  and  accounts  on social media platforms.

(c): The Government does not interfere or control social media intermediaries and also does not cast any fetters freedom of expression on their users. The IT Rules, 2021, casts specific obligations on the intermediaries that no intermediaries shall not violate the rights accorded to  citizens  under  the  Constitution,  including  in  articles  14  (equality  before  law),  19 (protection  of  rights  regarding  freedom  of  speech,  etc.)  and  21  (protection  of  life  and personal liberty), while discharging their duties.

(d): Does not arise.

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