In addition, some of the changes, particularly those requiring product and process changes – such as transparency of advertising, measures to trace the first originator of messages and the creation of the office of the Chief Compliance Officer, would require more. time for compliance.
The Department of Electronics and Informatics (Meity) wrote to all major social media companies such as Facebook, WhatsApp, Twitter, Instagram and others to submit compliance with the new middleman rules, as soon as possible, preferably by the end of Wednesday itself. The companies had previously requested a six-month extension to comply with the new rules.
In a letter to all major social media intermediaries (SSMIs), the government requested information regarding the app / website falling under the scope of a social media intermediary, contact details of a manager of Compliance, Node Contact Person, Resident Grievance Officer and Contact Address in India.
The government had notified the 2021 rules on information technology (guidelines for intermediaries and digital code of ethics) on February 25 under the provisions of the 2000 law on information technology (IT). 2011. By separate notification, the government also prescribed that a social media intermediary with 5 million registered users in India will be considered a Significant Social Media Intermediary (SSMI). Under the new rules, SSMIs must undertake an additional set of due diligence.
With the new rules coming into effect from Wednesday, large social media companies run the risk of losing immunity from criminal prosecution under the Information Technology Act if they fail to comply. . The government had given these companies three months to comply with the new rules, but most companies have so far failed to do so. Under the auspices of industry associations, they asked for a six-month extension to comply, as the pandemic crippled their normal office work.
The associations stressed that some of the obligations should be difficult to meet in a remote work context, which was made necessary given the unforeseen surge in Covid-19 cases in India, the resulting restrictions on movement. people and the temporary closure of physical office spaces.
In addition, some of the changes, particularly those requiring product and process changes – such as transparency of advertising, measures to trace the first originator of messages and the creation of the office of the Chief Compliance Officer, would require more. time for compliance.
The new rules require intermediaries like WhatsApp to identify the first author of messages deemed malicious by the government, while others like Facebook and Twitter must remove illegal content within 36 hours of reporting.
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