Accountability With A Cost

Context: While the recent Centre’s Information Technology Rules bring answerability to the digital ecosystem, but also increase political control.

Background of Social Media regulation in India:

• Intermediary liability framework:
  • Aim: to provide technology companies immunity for the content transmitted and stored by them in return for complying with a set of government framed regulations.
  • Provisions: made legal through Section 79 (Information Technology Act, 2000); supplemented by operational rules and the Supreme Court judgment in Shreya Singhal v. Union of India.
• Information Technology (Intermediary Guidelines and Digital Media Ethics Code) (IG&DMEC) Rules, 2021: makes major changes in existing framework.
  • Makes social media platforms accountable: for informing users before taking down their content.
  • Regulation of digital news media portals and online video streaming platforms by the government:  an oversight mechanism is being created for the same.

Concerns with Information Technology (IG&DMEC) Rules, 2021:

• Traceability issue: the government may require that each message sent through social media application be tied to the identity of the user, undermining the core value of private conversations.
• Issues with oversight mechanism: 
  • Lack of legislative backing: but aims to perform similar functions as Ministry of Information and Broadcasting for TV regulation
    • Will have powers of censorship(apology scrolls) and also blocking of content (Rule 13(4)).
    • IT Act 2000 only extends to the blocking of websites and intermediary liabilities framework but does not extend to content authors and creators (like news media).
  • Composition of regulator: composed of high-ranking bureaucrats, hence suspicion of discretionary government power of censorship over these sectors.

Way forward:

• Ensure regulatory framework backed by deliberation: which safeguards the right to receive information for end-users while minimising threats.
• For E.g. United Kingdom’s OFCOM (regulator) has been studying and enforcing regulations that promise higher levels of protection for citizens’ rights and consistency in enforcement.

Conclusion: While every internet user in India needs oversight and accountability from big tech, it should not be at the cost of increasing political control, chilling our voices online and hurting individual privacy.