Lok Sabha Question No. 801 (UNSTARRED), answered on 2024-02-07
Subject: Accountability of Social Media
Ministry: ELECTRONICS AND INFORMATION TECHNOLOGY
Asked by: Bholanath (B.P. Saroj)

## GOVERNMENT OF INDIA MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY

## LOK SABHA

## UNSTARRED QUESTION NO.801

TO BE ANSWERED ON: 07.02.2024

## ACCOUNTABILITY OF SOCIAL MEDIA

## 801. SHRI BHOLANATH (B.P. SAROJ):

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

(a)  whether  the  Government  proposes  to  appoint  a  regulator  to  make  social  media accountable;

(b) if so, the details thereof; and

(c)  the  action  taken  by  the  Government  against  social  media  companies  till  date  and  the number of people whose social media accounts have been suspended during the last three years?

## ANSWER

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

(a) to (c): The policies of the Government are aimed at ensuring that the Internet in India is Open, Safe & Trusted and Accountable to all our Digital Nagriks.

The Internet technology and Internet used to be seen as force for good, but in recent years, technology is also exploited for causing user harms and criminality. The number of Internet users  in  India  are  expected  to  increase  from  85  crores  today  to  120  crore  users  by  2026 making  India  the  largest  connected  democracy  on  the  global  Internet.  The  Government  is fully committed to exploit the good of the technologies but is cognizant of the harms, risks and  the  growing  rate  of  criminalities.  The  Government  intends  to  ensure  the  Internet  in general and information on it is safe & trusted and takes suitable steps on an ongoing basis to tackle the bad actors.

Government's policy towards all Internet platforms and intermediaries including social media intermediaries is  that  they  are  accountable  under  law  for  the  safety  and  trust  of  all  Digital Nagriks and for  the content that is made accessible by the Digital Nagriks of the country. The accountability of these platforms is through enforcement of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ('IT Rules, 2021') and clearly laying out the unlawful content that is prohibited under Rule 3(1)(b) and other Rules, The  consequences  of  having  any  unlawful  content  on  the  platform  will  cause  losing  safe harbour protection under section 79 of the IT Act and shall be liable for consequential action or prosecution as provided under any law for the time being in force including the IT Act and the Indian Penal Code ('IPC').

The  IT  Rules,  2021  notified  on  25.02.2021  and  subsequently  amended  28.10.2022  and 6.4.2023cast the following legal obligations, among others:

- (i) Rule  3(1)(b)  of  the  IT  Rules,  2021  prohibits  eleven  types  of  content  on  the  Indian Internet available on the intermediary platform.
- (ii) Platforms are required to ensure that their users do not use their platforms for sharing or transmitting content that violates Rule 3(1)(b) and other laws and that their terms of use expressly restrict use of eleven types of content under the law.
- (iii)Rule  3(1)(b)(ii)  of  the  IT  Rules,  2021  prohibits  any  information  that  is  obscene, pornographic,  paedophilic,  invasive  of  another's  privacy  including  bodily  privacy, etc.
- (iv) Rule 3(1)(b)(v) and (vi) of the IT Rules 2021 prohibits misinformation and patently false information  on  the Indian Internet or that  impersonates  another  person. Deepfakes are another form of misinformation powered by AI.
- (v) Rule  3(1)(d)  of  the  IT  Rules  2021  mandates  the  platforms  to  ensure  expeditious action, well within the timeframes stipulated under the IT Rules, 2021, to remove or disable access to information/content that violates the aforesaid provisions of the IT Rules, 2021, upon receipt of court orders or notice from the Appropriate Government or  its  authorised  agency  or  upon  receipt  of  complaint  made  by  the  impersonated individual or person authorised by him in this behalf.
- (vi) Rule  4(2) of the IT Rules  2021  prescribes that the significant social  media intermediaries shall cooperate with Law Enforcement Agencies (LEA) for prevention, detection, investigation, prosecution or punishment by enabling identification of the first  originator  of  information  related  to  the  sovereignty  and  integrity  of  India,  the security  of  the  State,  friendly  relations  with  foreign  States,  or  public  order,  or  of incitement  to  an  offence  relating  to  the  above  or  in  relation  with  rape,  sexually explicit material or child sexual abuse material (CSAM).

Government has also established Grievance Appellate Committees under the IT Rules, 2021 to allow users and victims to appeal online on www.gac.gov.in against decisions taken by the Grievance  Officers  of  intermediaries  in  case  they  are  dissatisfied  with  the  decision  of  the Grievance  Officer  in  case  of  legal  violations  including  deepfakes  or  fails  to  redress  the grievances  from  users  or  victims  or  an  individual  or  any  person  on  his  behalf  within  the timelines prescribed under the IT Rules, 2021.

MeitY  conducted  multiple  Digital  India  Dialogues  ('DID')  with  leading  social  media platforms  to  caution  them  about  their  legal  obligations  and  consequences  of  prosecution under relevant law if any  of the prohibited  contents  is  found  on  their  platform.  Also,  they have been reminded about their obligations of expeditious action under the IT Rules, 2021, to remove or disable access to information/content that violates the aforesaid provisions of the IT Rules, 2021.

While MeitY has been issuing time-to-time advisories to the intermediaries, which include social media intermediaries, through its latest such an advisory dated 26 th December 2023, MeitY has directed intermediaries for ensuring compliances with the prescribed due diligence and Grievance Reporting Mechanism under the IT Rules, 2021, the failure to observance of which on the part of intermediaries will amount to non-compliance with the IT Rules, 2021 and result in the concerned intermediary automatically losing exemption from liability under section 79 of the IT Act. This advisory includes inter-alia the following directions that-

- i. Ensure that users on social media platforms do not violate prohibited content in Rule 3(1)(b) of IT Rules 2021.
- ii. Prohibited content to be expressly informed to the user at the time of first-registration and also as regular reminders, in particular, at every instance of login.
- iii. Users to be made aware of penal provisions under IPC, IT Act and other laws that may be attracted in case of violation of Rule 3(1)(b).
- iv. Terms of service and user agreements must clearly highlight obligation of intermediaries  to  report  legal  violations  to  the  law  enforcement  agencies  under  the applicable laws;
- v. Intermediaries should identify and  remove  misinformation  or  information  that impersonates another person.
- vi. Intermediaries must enable users, victims or any person on their behalf, to also report violations relating to  Rule 3(1)(b) or Rule 3(2)(b) in a simple and easily accessible manner, including through in-app user reporting.
- vii. Intermediaries  must  comply  with  the  orders  of  the  Grievance  Appellate  Committee within the timeline mentioned in the order and publish a report.
- viii. Intermediaries should take additional measures to not permit any  advertisements of illegal loan and betting apps.
- ix. Intermediaries have been warned that non-compliance will lead to loosing exemption from liability provided under section 79(1) of IT Act.

The Government issues lawful directions for blocking for access  of information  by  public under Section 69Aof the IT Act which provides power to government to issue such directions 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. MeitY follows due process as envisaged in the Information Technology (Procedure and Safeguards for Blocking for Access of Information for  Public)  Rules,  2009. Such  directions  are  issued  for blocking a  total  of 6096,  6775, 12483 URLs during the years 2021, 2022 and 2023 respectively.

In addition, the Ministry of Home Affairs operates a National Cyber Crime Reporting Portal (www.cybercrime.gov.in)  to  enable  citizens  to  report  complaints  pertaining  to  all  types  of cybercrimes, and also operates a toll-free helpline (1930).

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