wordpress blog stats
Connect with us

Hi, what are you looking for?

MeitY seeks public comments on changes to IT Rules till 15 January

The Ministry of IT and Electronics (MeitY) released a set of proposed changes to the rules which operationalize the IT Act, last week. These rules govern how intermediaries are to behave under Section 79.

The existing rules provide safe harbour to these platforms for content published by users on their platforms. Under the current law, intermediaries have to comply with legal government requests to pull down unlawful content and provide information on users.

In December 2018, a MeitY official discussed the 5-page draft rules with the Cyber Law Division and representatives from ShareChat, Google, Facebook, WhatsApp, Amazon, Yahoo, Twitter, SEBI and Internet Service Providers Association of India (ISPAl), reported the Indian Express.

The government had given the platforms until January 7 to respond. However, soon after the Indian Express reported the development, it made the proposed changes public and invited public comments by January 15. Note that the previous IT Rules, passed in March 2011 were also drafted with public consultation.

What are the major proposed amendments?

  • Traceability, and information within 72 hours: The new rules require platforms to introduce traceability to find where a piece of information originated. For this, platforms may have to break end-to-end encryption. The rules require the intermediary to hand over information or assistance to government bodies in 72 hours, including in matters of security or cybersecurity, and for investigative purposes. [Rule 3(5)]
  • Platforms are required to be registered under the Companies Act, have a physical address in the country, have a nodal officer who will cooperate with law enforcement agencies, etc. [Rule 3(7)]
  • Platforms have to pull down unlawful content within a shorter duration of 24 hours from the earlier 36 hours. They also have to keep records of the “unlawful activity” for 180 days – double the period of 90 days in the 2011 rules – as required by the court or government agencies [Rule 3(8)]
  • Platforms have to deploy tools to proactively identify, remove and disable public access to unlawful information or content. [Rule 3(9)]
  • The new rules insert a monthly requirement on platforms to inform users of the platforms’ right to terminate usage rights and to remove non-compliant information at their own discretion. [Rule 3(4)]

Read the 5-page draft of the proposed rule changes (pdf).

Comments to MeitY can be submitted by January 15, 2019 here: Gccyberlaw[at]meity[dot]gov[dot]in / Pkumar[at]meity[dot]gov[dot]in / dhawal[at]gov[dot]in

Advertisement. Scroll to continue reading.

Written By

I cover health, policy issues such as intermediary liability, data governance, internet shutdowns, and more. Hit me up for tips.

MediaNama’s mission is to help build a digital ecosystem which is open, fair, global and competitive.

Views

News

The US and other countries' retreat from a laissez-faire approach to regulating markets presents India with a rare opportunity.

News

When news that Walmart would soon accept cryptocurrency turned out to be fake, it also became a teachable moment.

News

The DSCI's guidelines are patient-centric and act as a data privacy roadmap for healthcare service providers.

News

In this excerpt from the book, the authors focus on personal data and autocracies. One in particular – Russia.  Autocracies always prioritize information control...

News

By Jai Vipra, Senior Resident Fellow at Vidhi Centre for Legal Policy The use of new technology, including facial recognition technology (FRT) by police...

You May Also Like

News

Rajesh Kumar* doesn’t have many enemies in life. But, Uber, for which he drives a cab everyday, is starting to look like one, he...

News

By Aroon Deep and Aditya Chunduru You’re reading it here first: Twitter has complied with government requests to censor 52 tweets that mostly criticised...

Advert

135 job openings in over 60 companies are listed at our free Digital and Mobile Job Board: If you’re looking for a job, or...

News

Google has released a Google Travel Trends Report which states that branded budget hotel search queries grew 179% year over year (YOY) in India, in...

MediaNama is the premier source of information and analysis on Technology Policy in India. More about MediaNama, and contact information, here.

© 2008-2021 Mixed Bag Media Pvt. Ltd. Developed By PixelVJ

Subscribe to our daily newsletter
Name:*
Your email address:*
*
Please enter all required fields Click to hide
Correct invalid entries Click to hide

© 2008-2021 Mixed Bag Media Pvt. Ltd. Developed By PixelVJ