New IT Rules to Ensure 100% Compliance by Platforms

In a significant move to combat misinformation and deepfakes, Union Minister Rajeev Chandrasekhar met with social media platforms on Tuesday to review their progress in tackling these issues. The minister asserted that advisories will be issued within the next two days to ensure 100% compliance by the platforms.

Progress Review and Advisories

During the meeting, Chandrasekhar highlighted the need for platforms to align their terms of use with the IT Rules and address 11 areas of user harm or illegalities. He emphasized that violations under the IT Rules also constitute violations of relevant provisions under other laws, such as the Indian Penal Code (IPC), and can result in criminal consequences.

The government has made it clear that platforms must clearly state in their terms of service/community guidelines that violating Section 31b of the IT Rules also violates other laws like the IPC. Platforms have been asked to align their terms of service/community guidelines with the provisions of the IT Rules, particularly the 11 prohibited areas, and map them with other laws such as the IPC. Additionally, the terms of use/community guidelines should be easily visible to users, and periodic reminders/disclosures regarding the 11 prohibited areas should be sent to users.

Tough Stand Against User Harm

Sources close to the meeting revealed that the government adopted a tough stance with the digital platforms, reminding them that the 11 areas of user harm or illegalities flagged under the IT Rules are also mapped to equivalent provisions in the IPC. This means that platforms can face criminal consequences even under existing laws. The government emphasized that platforms must ensure easily accessible mechanisms for reporting violations, and all reported violations, including in-app complaints, will be treated as grievances with the grievance officer.

Furthermore, the Rule 7/Section 79 adjudication role will be played by the Grievance Appellate Committee (GAC). This indicates the government's intent to hold platforms accountable for user harm arising from misinformation and deepfakes.

Earlier Meeting and Follow-up

On November 24, Chandrasekhar met with representatives of social media platforms and gave them seven days to take decisive action on deepfakes and align their terms of use with the IT Rules. Sources revealed that some platforms have complied, while those who were slow to act have been given additional time. The government reiterated its zero-tolerance approach to user harm caused by misinformation and deepfakes.

During Tuesday's meeting, it was observed that many platforms understood the need to take appropriate action, and some were adapting quickly. However, some platforms showed lethargy and were found to have community guidelines and lists of prohibited content that were not easily accessible to users. Some platforms had not comprehensively aligned their terms of service or had only partially aligned them in areas such as deception, impersonation, harm to children, pedophilia, invasion of privacy, gender/race/ethnicity-based harassment, threats to India's unity/defense/security/friendly relations/public order, incitement of crime, money laundering/gambling, and more.

Final Meeting and Review

A final meeting with the platforms to assess the progress made on these issues will take place in seven days. Currently, the IT Rules require platforms to address harm and ensure that users are aware of what is illegal and what is not. The platforms are responsible for ensuring due diligence under Section 3 of the IT Rules.

In Tuesday's meeting, platforms were reminded that user harm can have criminal consequences under existing laws. For instance, a section under the Code of Criminal Procedure (CRPC) allows prosecution for deepfakes under forgery. Similarly, other forms of harm have equivalent provisions under the IPC.

The government made it clear that platforms cannot ignore their responsibility to address harm and that it will take a zero-tolerance approach. Platforms that are slower to act have been given some additional time, but the government has emphasized that it will not relax its efforts to make the internet safe and trusted for all Indians.

The government's proactive approach in reviewing the progress made by social media platforms in tackling misinformation and deepfakes demonstrates its commitment to ensuring user safety and platform compliance. The upcoming advisories and potential new or amended IT Rules indicate the government's resolve to address user harm effectively. By holding platforms accountable and emphasizing the criminal consequences of user harm, the government aims to create a safer and more trusted digital environment for Indian citizens.