The Minister of State for Information and Broadcasting L Murugan said that the IT Rules lays down specific due diligence obligations on intermediaries to take reasonable steps on their own to prevent the display or spread of obscene or pornographic content.
A division bench of Justices AS Gadkari and Neela Gokhale formally pronounced the verdict on a bunch of petitions challenging the new IT regulations.
While hearing the matter in the court, the HC bench of Justice Atul Chandurkar said the Information Technology Amendment Rules, 2023, which empowers the Centre to set up fact-check units (FCUs) for identifying fake news online, went against Articles 14 and 19 of the Constitution.
WhatsApp and its parent company Meta have challenged the IT Rules, 2021, introduced by the Indian government that requires the platform the trace chats. The Centre has argued that such a provision helps create a safe cyberspace by countering illegal content and trace fake messages.
The establishment of this fact-checking unit falls under the powers conferred by sub-clause (V) of clause (b) of rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
Rajya Sabha MP Vikramjit Singh Sahney has urged Information and Broadcasting Minister Anurag Thakur to block social media accounts spreading hate speech against Sikhs.
WhatsApp, owned by Meta, banned a record 69 lakh problematic accounts in India during December 2023, following the new IT Rules 2021.
Meta removed millions of pieces of content violating policies on Facebook and Instagram in India, based on user reports through the Indian grievance mechanism.
The Ministry of Electronics and Information Technology (MeitY) has urged YouTube, owned by Google, to take legal actions against "fake news channels" and suggested that the platform include a disclaimer for effective handling of this problem.
The new IT Rules of 2021 mandate that digital and social media platforms boasting more than 5 million users must now provide monthly reports showcasing their adherence to these regulations.
These actions were taken to comply with India's IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which require digital and social media platforms with more than 5 million users to publish monthly compliance reports.
With the implementation of the new IT Rules 2021, major digital and social media platforms are obliged to publish comprehensive monthly compliance reports.
This move is part of the government's efforts to strengthen digital regulations and hold Big Tech companies accountable. The Ministry of Electronics and IT has introduced amendments to protect the rights of Indian citizens in the digital realm.
During May, WhatsApp received 3,912 grievance reports, including appeals for account unbanning, from Indian users. Out of these reports, 297 were actioned upon, meaning that WhatsApp took remedial action based on the reports.
The Guild urged the central government to expunge this new amendment, and to initiate meaningful consultations with press bodies, media organisations and other stakeholders, on the regulatory framework for digital media, so as to not undermine press freedom.
A bench of Justices A M Khanwilkar and A S Oka passed the order while hearing a batch of petitions, including those raising the issue of hate speech and seeking regulations for OTT (over-the-top) platforms.
The 'soft block' feature is almost similar to that of Instagram's privacy feature with the name 'Close Friends'.
The Centre, in its counter affidavit filed on a challenge to the constitutional validity of the new IT Rules, has submitted that although the right to freedom of speech and expression, including the freedom of press, is critical for a vibrant democracy like India.
Twitter prima facie was in compliance with the new IT Rules by appointing a Chief Compliance Officer (CCO), Centre told HC.
On the aspect of appointment of RGO under rule 4(1)(c), Twitter said it is in the process of making an offer of appointment to a resident of India as its "interim RGO" and expects to do so on or before July 11, 2021.
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