Lok Sabha Question No. 2078 (UNSTARRED), answered on 2023-08-02
Subject: Blocking of Social Media Accounts
Ministry: ELECTRONICS AND INFORMATION TECHNOLOGY
Asked by: Jayadev Galla

## GOVERNMENT OF INDIA MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY

## LOK SABHA

## UNSTARRED QUESTION NO. 2078

TO BE ANSWERED ON 02.08.2023

## BLOCKING OF SOCIAL MEDIA ACCOUNTS

## 2078.   SHRI JAYADEV GALLA:

Will the Minister of ELECTRONICS AND INFORMATION TECHNOLOGY be pleased to state:

- (a) the details of the number of social media accounts blocked by the Government;
- (b) the  details  of  the  Data  specifying  the  social  media  platforms  from  which  the  above accounts were blocked, their followers/subscribers and the post which was responsible for the ban;
- (c) whether  the  Government  has  provided  a  mechanism  for  the  blocked  media  account users to approach the Government and get the ban revoked and if so, the details thereof; and
- (d) the data of the number of users that have approached the Government to get the ban revoked and the number of bans actually revoked, year-wise?

## ANSWER

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

(a) and (b): The policies of the Government are aimed at ensuring an Open, Safe &Trusted and Accountable Internet for its users across the country.

The  Information  Technology  Act,  2000  ('IT  Act')  and  the Information  Technology (Intermediary  Guidelines  and  Digital  Media  Ethics  Code)  Rules,  2021  ('IT  Rules,  2021'), together,  have  made  a  framework  which  cast  obligations  on  the  intermediaries,  including social  media  intermediaries,  to  make  reasonable  efforts  by  themselves,  and  to  cause  their users  not  to  host,  display,  upload,  modify,  publish,  transmit,  store,  update  or  share, information which -

(i) belongs to another person and to which the user does not have any right;

(ii)  is  obscene,  pornographic,  paedophilic,  invasive  of  another's  privacy  including bodily  privacy,  insulting  or  harassing  on  the  basis  of  gender,  racially  or  ethnically objectionable,  relating  or  encouraging  money  laundering  or  gambling,  or  an  online game  that  causes  user  harm,  or  promoting  enmity  between  different  groups  on  the grounds of religionor caste with the intent to incite violence;

(iii) is harmful to child;

(iv) infringes any patent, trademark, copyright or other proprietary rights;

(v) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government;

(vi) impersonates another person;

(vii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of  any  cognisable  offence,  or  prevents  investigation  of  any  offence,  or  is  insulting other nation;

(viii) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

(ix)  is  in  the  nature  of  an  online  game  that  is  not  verified  as  a  permissible  online game;

(x)  is  in  the  nature  of  advertisement  or  surrogate  advertisement  or  promotion  of  an online  game  that  is  not  a  permissible  online  game,  or  of  any  online  gaming intermediary offering such an online game;

(xi) violates any law for the time being in force.

In addition, the IT Rules, 2021 cast specific obligation on intermediaries which includes to have grievance redressal mechanism. 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.

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.

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.

Insofar as blocking of social media accounts is concerned, Section 69A of the Information Technology  Act,  2000  ('IT  Act')and  the  rules  made  thereunder  provide  power  to  the Government  to  issue  directions  for  blocking  of  access  by  the  public  any  information generated, transmitted, received , stored or hosted in any computer resource if it is necessary or expedient to do so in the interest of sovereignty and integrity, defence of India, security of the  State,  friendly  relations  with  foreign  States  or  public  order  or  for  inciting  cognizable offence  relating  to  above. Following  the  procedures  and  safeguards  prescribed  under  the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009, the Central Government has issued directions for blocking of 6096, 6775 and 3470 URLs in the year 2021, 2022 and 2023, respectively. No other specific details such as  social  media  account,  followers/subscribers  etc.  are  maintained  by  the  Ministry  of Electronics  and  Information  Technology.  As  per  the  said  rules,  strict  confidentiality  is required  to  be  maintained  regarding  all  the  requests  and  complaints  received  and  actions taken thereof with regard to blocking.

(c) and (d):  Under section 69A of the IT Act and the Information Technology (Procedure and Safeguards  for  Blocking  for  Access  of  Information  by  Public)  Rules,  2009,  thereunder, Ministry of Electronics and Information Technology issues notice to the concerned person or intermediary posting/hosting the URL, wherever possible, to appear or send their response, at least 48 hours prior to the meeting of the Committee for examination of request for blocking. No other specific information is maintained by the Ministry of Electronics and Information Technology.

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