Bid to check `unlawful' social media content.... government to amend IT rules to get social media and messaging apps to curb unlawful, obscene and provocative content

PTI, New Delhi: The government plans to amend its IT rules to get social media platforms and messaging apps to deploy tools to identify and curb unlawful, obscene and provocative content but has reaffirmed its commitment to freedom of expression and the privacy of its citizens.

The clarification came after critics expressed concern about the larger implications of the proposed amendments, whose draft the IT ministry uploaded on its website on Monday, seeking feedback from the public by January 15.

Last week, the government had authorised nine central agencies and the Delhi police commissioner to "intercept, monitor and decrypt" information transmitted by or stored in any computer, triggering accusations of trying to create a "surveillance state".

On Monday, it said it had decided to tighten the rules for social media sites following the lynchings triggered by rumours circulated on WhatsApp and other platforms, the spread of fake news and hate messages, and the recruitment of terrorists through social media.

IT ministry officials met senior executives of Google, Facebook, WhatsApp, Twitter and other companies last week to discuss the proposed changes to the Information Technology Rules. Some of these are: "The intermediary (social media platform) shall deploy technology-based automated tools or appropriate mecha- nisms with appropriate controls for proactively identifying and removing or disabling public access to unlawful information or content," says the draft. The platforms will have to caution their users against hosting, uploading or sharing any content that is blasphemous, obscene, defamatory, or "hateful or racially, ethnically objectionable". Users will also be asked to guard against hosting or sharing information that violates any law, or deceives or misleads receivers about the origin of the message, or is grossly offensive or menacing, or threatens national security. The platforms will have to inform their users at least once a month that any viola- tion of rules will lead to termination of their access and user rights. The intermediary must -- after a court order is communicated to it or a government agency alerts it -- remove or disable access to the offending content "as far as possible immediately, but in no case later than 24 hours". "When required by lawful order, the intermediary shall within 72 hours of communication, provide such information or assistance as asked for by any government agency or assistance concerning security of state or cyber security," the draft says. The Internet companies will also have to preserve records for 180 days -- or longer, if necessary -- to facilitate any investigation. Platforms with over 50 lakh users in India must have a permanent registered office in the country with a physical address. (This is likely to impact most international social media platforms given that India is a key market for them.) These platforms will have to appoint a nodal officer in India for round-the-clock coordination with the law-enforcement agencies to ensure compliance with the rules.

Emails sent by PTI to social media platforms such as Google, Facebook and WhatsApp, seeking comments on their discussions with the government, have remained unanswered.

Monday's IT ministry statement said the govern- ment does not regulate social media content but the companies need to ensure that their platforms are not used to commit or provoke terrorism, extremism, violence or crime.

It cited recent instances of misuse of social media by criminals and those looking to harm the country's interests.

"These include inducement for recruitment of terrorists, circulation of obscene content, spread of disharmony, incitement of violence, public order, fake news, etc. A number of lynching incidents were reported in 2018, mostly alleged to be because of fake news/ rumours being circulated through WhatsApp and other social media sites," the ministry said.

IT minister Ravi Shankar Prasad had told Parliament in July that the government was committed to making social media platforms more accountable under the law.

WhatsApp had drawn flak from the government after fake news circulating on its platform had triggered mob violence in various parts of the country. Fake news has become a global issue for the social media giants.

WhatsApp has taken several steps, including the introduction of a forward label, to help identify such content.

As for last week's notification on intercepting and monitoring computer content, some lawyers are planning to challenge it in the Supreme Court as a violation of free speech and privacy. PTI.