Social media companies lose legal status of Intermediary
By MYBRANDBOOK
Large social-media companies such as Facebook, Twitter, YouTube, Instagram, and WhatsApp lose legal protection for the user content posted on their platforms from today, and stand answerable to Indian civil and criminal laws just like any other ordinary citizen or local entity.
The new Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, also known as the new IT Rules 2021, come into effect from 26th may 2021. This is after a three-month window was given to large social media networks in India to comply with these guidelines, which were first released in February.
The new rules clearly define large social media platforms as those having more than 50 lakh registered users, which means Facebook, Twitter, Instagram and the made in India Koo app, all get categorized as large social media platforms. The focus of these new rules for social media includes the requirement to appoint a resident grievance officer as part of a larger grievance redressal mechanism, active monitoring of content on the platform, monthly compliance reports for Indian users and self-regulation mechanisms.
Till yesterday, they enjoyed immunity when it came to the content posted by any third-party user on their platforms. The only obligation on them was to take down any illegal content that they noticed on their own, or when it was highlighted to them by the state, or the courts, or any responsible/aggrieved party. Now it’s a civil and criminal liability on them for any illegal post, be it in words, or a picture or a video.
The companies, clearly unnerved by the new rules for large social-media intermediaries-that were announced on February 25 this year - may opt for a legal challenge to protect their officials as well as operations in India, in case the government does not grant an extension in implementation of the norms (they were given three months to prepare for the new regime).
The social media giants said, that it continues to discuss a few of the issues which need more engagement with the government. We aim to comply with the provisions of the IT rules and continue to discuss a few of the issues which need more engagement with the government. Pursuant to the IT rules, we are working to implement operational processes and improve efficiencies," said a Facebook spokesperson.
Facebook remains committed to people’s ability to freely and safely express themselves on our platform, the spokesperson added.
Whereas the Google spokesperson said the company has consistently invested in significant product changes, resources and personnel to ensure that it is combating illegal content in an effective and fair way, and to comply with local laws in the jurisdictions it operates in
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