In December, the Union government proposed changes to the IT (Intermediary Liability) Rules, 2011 to hold platforms liable for the content hosted on them. MeitY invited comments on the proposed amendments, which were made public on February 6 and February 8. Counter-comments are open till February 14. Here are the key points from IndiaTech.org's submission to MeitY. Points have been paraphrased for reference. On the monthly notification requirement to inform users – Rule 3(4) Monthly notifications would affect user experience significantly and have a cost impact Since user terms of agreement and privacy policy exist, the proposed requirement will be of little consequence The requirement could also result in the user being spammed with such emails from different intermediaries, which will be sent repeatedly The suggestion is that if at all this rule is required, it should be done once a year, only for inactive users (who have not transacted for over a year), for intermediaries with a customer base that exceeds threshold of over 10 lakh users. On the takedown rule – Rule 3(5) IndiaTech.org suggests that there be an exception of reverting to cases on the basis of the age of the data. For data that is up to 180 days old, depending on the size and complexity of data demanded, it may be prudent to keep the time frame of 72 hours to one week from date of receipt of the notice For data that is more than 180 days old, the time frame should be at least…
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