Centre proposes new IT Rules to allow I&B Ministry to issue takedown notices to individual social media users
The Union government is planning to amend the IT Rules, 2021, to empower the Ministry of Information and Broadcasting (I&B) to issue takedown notices directly to individual social media users for their posts. Currently, such notices can only be issued to online news platforms. These proposed amendments, described as "clarificatory and procedural" by the Ministry of Electronics and Information Technology, aim to strengthen oversight of intermediary-hosted content. However, the Internet Freedom Foundation (IFF) criticizes this as a "massive expansion of unconstitutional censorship," arguing it sidesteps High Court orders and reconstructs oversight mechanisms deemed constitutionally suspect. The changes also affect social media platforms' "safe harbour" protection if they fail to comply with takedown notices.
Key Points
- The Union government plans to amend IT Rules, 2021, to allow the I&B Ministry to issue takedown notices directly to individual social media users.
- Currently, takedown notices under IT Rules, 2021, are limited to online news platforms.
- The Ministry of Electronics and Information Technology claims these amendments are clarificatory and procedural, aiming to strengthen oversight.
- The Internet Freedom Foundation (IFF) views this as an unconstitutional expansion of censorship, potentially circumventing High Court rulings.
- Non-compliance with takedown notices could lead to social media platforms losing their "safe harbour" protection under Section 79 of the IT Act.
Exam Facts
- The proposed amendments are to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
- Section 79 of the IT Act provides "safe harbour" protection to intermediaries.
- The Internet Freedom Foundation (IFF) is an Indian digital rights advocacy organization.
- The Inter-Departmental Committee (IDC) mandate is being broadened to hear grievances and matters referred by the Ministry.
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