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1. RSTV
30TH Dec. 2018
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2. Draft IT Policy 2018
A calling attention motion on misuse of social media and spreading of fake news was admitted in the Rajya Sabha
during monsoon session of 2018. Government had conveyed to the house the
resolve to strengthen the legal framework and make social media platforms accountable under the law. Accordingly
ministry of electronics and IT has prepared the draft IT rules 2018 to replace the rules notified in 2011. The government
intends to consult all stakeholders. The process of public consultation on the draft rules has commenced with the
timeline of submission of comments by 15th January 2019.
What changes has been proposed to draft of Section 79
of the Information Technology (IT)?
The IT act went a significant amendment in 2008. The earlier position was that a network service provider which
facilitated interaction between a user and a service provider to be held liable if either of the parties misused anything on
your platform. This provision was creating constraint as because on internet one platform provides connectivity while
other deliver services specific to consumer like OTT services. So, in 2008 when IT act was amended, it provided an
exemption for intermediaries.
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3. Thus, if any service provider won't be held liable for the misuse after having fulfilled certain conditions.
However, recently central government has proposed stringent changes under the draft of Section 79 of the
Information Technology (IT) that govern online content. The proposed amendments in the draft forces social
media platforms like Whatsapp, Facebook and Twitter to remain vigil and keep users on their toes before
posting or sharing anything that is deemed as “unlawful information or content”.
Highlights of the Draft IT policy
 Social media platforms are mandated to end the complete encryption system and remove any "unlawful
content" in the interest of national security.
 The draft rules define intermediary as any platform that has more than 50 lakh users in India or is in the list
of intermediaries as notified by the government. Social media platforms such as Whatsapp, Facebook,
Instagram and others fall under the definition of intermediary.
 Whenever the government issues an order, within "72 hours of communication", information or assistance
concerning "security or cybersecurity" must be provided.
 The social media platforms are also required to trace out the originator of information on its platform as may
be required by the government agencies if the authorized functionaries demand so.
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4.  The government can seek the information about "unlawful acts" from the intermediaries by "court order" or by
being notified by the government itself and the parameter to judge unlawful acts would be Article 19(2) of the
Constitution, which place restrictions on freedom of speech and expression.
 The intermediaries are also required to deploy technology based automated tools or appropriate
mechanisms, with appropriate controls, for proactively identifying or removing or disabling access to unlawful
information or content.
 The intermediaries must publish their privacy policy for the user of the computer resource to check and
mandates that no such platform would host, display, upload, modify, publish, transmit, information, that is
grossly harmful, harassing, blasphemous, definitely obscene, pornographic, disparaging," etc.
 The rules also mandate the intermediaries to keep a record of unlawful activity for a period of 180 days,
double the 90 days in the older version.
Challenges
 With the implement of these rules, any social media platform with more than five million users operating in India will
have a physical presence. This increases the financial burden of companies.
 There are technical challenges aswell. For instance, onion routing, proxy IP which camouflage the real identity of
criminal will make it difficult to track the perpetrators.
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5.  Even if we localize data, questions might arise regarding the misuse of data by govt. agencies to score
political goals.
 The proposed changes have raised questions whether the government is intruding into the privacy of
individuals, evoking sharp response from opposition parties.
Benefits
 It communicates the users on guidelines of the platform and spreads awareness
 It allows security agencies to seek help from intermediaries and track down offensive messages
 It allows take down of content within a specified period
 With data localization, India doesn’t have to depend on earlier cumbersome mechanisms like MLAT
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6. THANK YOU
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