The Information Technology Act (Guidelines for Intermediaries and Digital Media Ethics Code), 2021 was enacted by the government of India on February 25, 2021[1]. In accordance with the provisions of Section 87 of the Information Technology Act of 2000, these regulations have been drafted. The Information Technology Act of 2011 was thwarted by this. It came into effect on 26th May, 2021
. In this case article, I will discuss what the Information Technology Act of 2021 is, what the reasons are for this act to be framed, the IT Act of 2000, what the statement of the government of India is regarding this issue, and what the controversies are regarding the Information Technology Act of 2021.
The Information Technology Act of 2021: What Is It?
Guidelines for Intermediaries and Digital Media Ethics Code, also known as the Information Technology Act, 2021, is a piece of subordinate legislation that was drafted by the government of India in coordination with the Ministry of Electronics and Broadcasting and the Ministry of Information and Technology. The framework for it was derived from Section 87 of the Information Technology Act of 2000, the Intermediaries Rules of 2018[2,] and the Over-the-Top Regulation and Code of Ethics for Digital Media.
Over-the-top (OTT) services and digital portals within the borders of the country are now required, as of the publication of this new regulation, to establish a grievance redressal office.
The companies that run social media platforms are required to hire a chief compliance officer and provide a nodal contact person. They will maintain constant communication with the relevant authorities around the clock.
The companies that operate social media platforms are required to hire a grievance officer. He/she ought to register the grievance within 24 hours and has to dispose it off inside 15 days.
Within twenty-four hours, social media platforms are required to remove the information. In the event that there are complaints made against the dignity of users, particularly women, about the exposure of their private parts, nudity, sexual acts, impersonation, and other such things, etc.
The amount of complaints received and the progress made in resolving them must be detailed in a report that social media sites are required to submit every month.
There will be three levels of regulation for news publishers: self-regulation, a self-regulatory body that will be headed by a retired judge or an eminent person, and oversight from the Information and Broadcasting Ministry, which will include codes of practices and a grievance committee. Self-regulation is the first level of regulation, followed by a self-regulatory body and then oversight from the Information and Broadcasting Ministry.
It has been decided that in order to qualify as “major social media intermediaries,” social media organizations must have more than 50 lakh registered users.
They risk being excluded from the competition if they do not follow the guidelines. If they do not comply with the amended regulations, not only do they run the risk of losing their status as “intermediaries,” but they also put themselves at risk of becoming responsible for criminal action.
In Order To Construct The Reasons For It Act in 2021
India is the most open internet society in the world, and the government of India encourages international social media businesses to set up shop, conduct business, and make a profit in the country. Yet, they shall be held responsible before the Indian Constitution for their actions. But as a result of this, serious concerns have been raised in parliament, particularly during the monsoon session of 2018. This is due to the fact that social media platforms are also used to spread fake news, to abuse someone on social media, to circulate defamatory and obscene content, morphed images of women, revenge porn, and other such things.
This is due to the fact that there is not a reliable complaint mechanism available, via which regular users of social media could submit their complaints and have them resolved within a predetermined amount of time.
In addition, users were left completely dependent on the whims and caprices of the social media platforms they used because there was a lack of transparency and an effective method for redressing complaints. It has been observed that a user who has invested his time, energy, and money building a social media profile is left with no options in the event that the platform restricts or deletes the profile without providing any opportunity to do so first.
Act of 2000 Relating to Information Technology
On October 17, 2000, the Information Technology Act, 2000 (Act 3) was notified into law by the Indian Parliament. A model legislation regarding e-commerce and the complexities of digital transactions was approved for use by the United Nations Committee on International Trade Law in the year 1996.
It made it necessary for each nation to have its own set of rules governing e-commerce and online offences. Following this, in the year 2000, the government of India passed a law known as the Information Technology Act, which made India the 12th nation in the world to enact legislation for cyber crimes.
The primary goal of this act was to provide security for all of the financial dealings that were carried out via electronic means.
to be able to recognise digital signatures that are employed in the process of any type of legal authentication.
To safeguard citizens from being victimised by criminals online while also regulating the activity of intermediaries.
Moreover, this action:
Explains what a cyber crime is.
It establishes a legal framework for electronic governance by recognising digital signatures and electronic records as valid forms of identification.
The controller is appointed as the certifying authority.
Compulsory acquisition of licence for use of electronic certificate
Announcement from the Government About the Information Technology Act of 2021
The notification that was released by the government of India states that even while social media platforms have given regular users more power, those users nonetheless require accountability against the platforms’ exploitation and abuse. The new guidelines provide regular users of social media with more agency by incorporating a process that enables redress and prompt resolution of any complaints they may have.
A rigorous grievance redressal process has been established, while at the same time protecting journalistic and creative freedom, under the rules governing digital media and over-the-top (OTT) services. These rules focus on in-house and self-regulatory mechanisms.
The framework that has been suggested is one that is contemporary, progressive, and liberal.
It aims to address the concerns of a wide range of people while dispelling any misconceptions about restricting creative expression, as well as freedom of speech and expression. In addition, the standards have been developed with consideration given to the fact that the experience of watching anything on the internet is distinct from that of watching it in a theatre or on television.
Discussions About the Information Technology Act of 2021 Controversies
As a result of the stringent deadline, it denies intermediaries the opportunity to pursue a just course of action in the event that they are in disagreement with the order issued by the government.
In addition to this, it was asserted that the Information Technology Act of 2021 infringes upon people’s rights to freedom of speech and expression.
Traceability is also made into an obligatory criterion thanks to this regulation. This will break the immunity of the intermediaries that they were previously having with end to end encryption, which is the fact that they cannot read the message that the users are sending to each other. This is unacceptable behavior since it constitutes an invasion of personal space.
It’s possible that this act’s definition of intermediaries is too wide to be useful.
Also, it was a breach of the ethical code. In accordance with the regulations, the Secretary of the Ministry of Information and Broadcasting has the authority to issue an order to block the content of an online publisher in the event of an emergency, possibly on the grounds of maintaining national security and public order. At that time, these intermediaries are not given the opportunity to have their voices heard.
Conclusion The Information Technology Act of 2021 is something that needs to be passed as soon as possible because there is an excessive amount of content that is posted on social media platforms, some of which is of an offensive and inappropriate nature and also has a detrimental effect on the minds of young people. In addition, there is misuse of social media platforms, which includes the dissemination of false news and the transmission of improper content, such as the sending of threats or child pornography, for example.
Also read Must Know Indecent Representation of Women Act 1986
However, this rule has many problems, some of which have already been mentioned. First and foremost, it infringes upon our right to privacy as well as our right to freedom of speech and expression. It is essential to pass this act, but the Indian government must take precautions to ensure that the rights of Indian citizens are not violated in the process.
