Lok Sabha Question No. 2761 (UNSTARRED), answered on 2016-08-03
Subject: Regulation of Social Media
Ministry: ELECTRONICS AND INFORMATION TECHNOLOGY
Asked by: KESHAV PRASAD MAURYA

## GOVERNMENT OF INDIA MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY

## LOK  SABHA UNSTARRED QUESTION NO. 2761

TO BE ANSWERED ON: 03.08.2016

## REGULATION OF SOCIAL MEDIA

## 2761 SHRI  KESHAV  PRASAD  MAURYA:

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

- (a) the details of existing monitoring mechanism and laws to regulate/monitor the social media sites;
- (b) whether the Government proposes to bring in new mechanism/laws to regulate the social media;
- (c) if so, the details thereof
- (d) whether these social media networking sites pay any kind of taxes to the Government of India; and
- (e) if  so,  the  details  of  taxes  paid  by  them  including  Facebook  during  the  last  three  years  and  the current year?

## ANSWER

## MINISTER OF STATE FOR MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI P.P. CHAUDHARY)

(a):    Government  does  not  regulate  content  appearing  on  social  networking  sites.  At  present,  Law Enforcement and Intelligence / Security Agencies make searches on the Internet on specific case-tocase  basis.    Electronic  Media  Monitoring  Centre  (EMMC)  within  the  National  Media  Centre  in Ministry of Information and Broadcasting tracks current trends on social media and monitors Public Interface on the social media network.

The  Information  Technology  (Intermediary  Guidelines)  Rules  2011  under  Section  79  of  the Information Technology (IT) Act, 2000 requires that the Intermediaries  shall observe due diligence while discharging their duties and shall inform the users of Computer resources not to host, display, upload,  modify,  publish,  transmit,  update  or  share  any  information  that  is  harmful,  objectionable, affect minors and unlawful in any way.

Further,  Government  takes  action  under  Section  69A  of  IT  Act,  2000  for  blocking  of  websites  / Specific  Web  pages  with  objectionable  contents,  whenever  requests  are  received  from  designated nodal officers or upon Court orders. Section 69A of the IT Act 2000 empowers Government to block any information generated, transmitted, received, stored or hosted in any Computer Resource in the interest  of  i)  Sovereignty  and  Integrity  of  India,  ii)  defence  of  India,  iii)  security  of  the  State,  iv) friendly  relations  with  foreign  States  or  v)    public  order  or  vi)  for  preventing  incitement  to  the commission of any cognizable offence relating to above.

(b) and (c):  The IT Act, 2000, provides legal framework to address various types of prevalent cyber crimes.  Presently, there is no proposal with the Government to amend the IT Act, 2000. However, an Expert Committee under the Chairmanship of Shri T.K. Vishwanathan, former Secretary, Law (Retd.)

has been set up by Ministry of Home Affairs to study and examine the existing domestic cyber laws and International Cyber legislations and recommend a road map with measures and amendments to the present laws for consideration of the Government.

(d) and (e):  Social media networking sites need to comply with the requirement of prevailing laws in the country including laws related to finance and taxes.

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