In a move that is likely to make social media platforms jittery, the Ministry of Electronics and Information Technology's (MEITY) affidavit in SC has clarified that the government will look to tighten the rules regulating online platforms by making them liable for content that is shared.

The government has also stated on affidavit that they will look to finalise and notify the Draft Information Technology Intermediaries Guidelines (Amendment) Rules by January 15, 2020.

MEITY filed this affidavit after directions from the Supreme Court as it heard an appeal by Facebook and WhatsApp on traceability of messages. Facebook and WhatsApp had moved SC seeking to transfer, to the SC, cases on similar issues pending across various HCs, especially the Madras HC.

In these hearings, the govt has been consistent in its demand for WhatsApp to ensure traceability of its messages to assist the law enforcement agencies tackle cases of threats to public order, porn, defamatory content, national security, etc.

At the last hearing, On Sep 24, SC had directed MEITY to clarify the current stage in the process of notifying the new rules. SC had also sought clarity on timelines for completing the process.

In its response, MEITY clarified that currently, the Information Technology (Intermediaries Guidelines) Rules, notified in April 2011, govern the operations of social media companies. MEITY explained that the current rules provide for a due diligence framework for social media companies and a mechanism for individuals to protect their reputation and dignity.

The affidavit also notes that in the last few years there has been an enormous increase in the use of social media, with more Indians becoming a part of social media platforms. MEITY, however, warns that while technology has led to economic growth and social development, also seen exponential rise in hate speech, fake news, defamatory content, threat to public order.

The MEITY affidavit asserts that due to threats posed to democratic polity, national security, sovereignty and individual rights govt feels the need to the revise rules for effective regulation. It further adds that the govt will look to make social media cos more liable for content that is published, transmitted on their networks.

MEITY cited how the revised intermediary rules were out for public comments in Dec 2018. It also claimed that it held industry wide consultations with chambers of commerce, industry bodies, social media cos. MEITY also submitted that they had held inter-ministerial discussions on the revised rules.

MEITY affidavit, however, argued that due to complicated nature of the issue, and the wide mix of stakeholders, MEITY has decided to hold further inter ministerial discussions for developing effective, robust, comprehensive rules.

MEITY has now sought additional time of 3 months and has undertaken to finalise and notify the revised rules by January 15, 2020.

SC will resume hearing in this case on October 22.

First Published:Oct 21, 2019 7:12 PM IST