Madras High Court stays certain sub-clauses of new IT Rules

2021-09-16 21:00:34

The Madras High Court on Thursday stayed the operation of certain sub-clauses of the recently introduced Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, holding there was prima facie substance in the petitioners’ contention that a control mechanism would rob the media of its independence and democratic principles.

Incidentally, the Bombay High Court had last month pronounced similar order on a related case. The sub-clauses — (1) and (3) of Rule 9, which were

Continue Reading

‘Chilling Effect on Free Speech’: Madras High Court Stays Certain Sub-clauses of New IT Rules

The Madras High Court on Thursday stayed certain sub-clauses of the recently introduced Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The high court’s order is similar to the one passed by the Bombay High Court on the matter last month.

The sub-clauses — (1) and (3) of Rule 9, which were stayed today, stipulated the adherence to the Code of Ethics. They were inserted to the original IT Rules in February this year.

Incidentally, the Bombay

Continue Reading

India’s IT Rules undermine user security, says WhatsApp CEO

2021-09-15 06:07:03

India’s revised Information Technology Guidelines that requires technology platforms to trace the origin of flagged messages “undermines security that end-to-end encryption provides
WhatsApp CEO Will Cathcart told technology publication The Verge on Monday
, adding that the move could see more countries worldwide following suit.

“With the IT rules in India, the specific thing those rules would require is us to build some system [to comply] if someone comes to us and says “Hey, someone

Continue Reading

WhatsApp says user reports on spam do not undermine end-to-end encryption

2021-09-08 20:14:28

WhatsApp on Wednesday said reports sent to it by users flagging spam and abuse do not undermine end-to-end encryption of the messaging platform. WhatsApp’s clarification came in response to a report by non-profit newsroom ProPublica that said even though WhatsApp says it does not see user content, the Facebook-owned company has an extensive monitoring operation and regularly shares personal information with prosecutors.

“WhatsApp provides a way for people to report spam or abuse, which includes sharing the most

Continue Reading

Govt files response before Madras HC for pleas challenging IT Rules 2021

2021-09-03 17:17:26

The Centre on Friday submitted its counter affidavit to the Madras High Court in response to a batch of petitions challenging the constitutional validity of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021).

The bench comprising Chief Justice Sanjib Banerjee and Justice P.D Audikesavalu listed the matter for further hearing on September 14 at 2:15 pm when the final arguments will be heard.

Senior Advocate PS Raman informed the

Continue Reading

New IT Rules Prevent Fake News, Misuse of Freedom of Press: Centre Tells Delhi HC

The Centre has defended the legality of the new Information Technology (IT) Rules before the Delhi High Court, saying that the rules seek to prevent the misuse of the freedom of press and protect the citizens from fake news in digital media space which used to be largely unregulated. The Centre, in its counter affidavit filed on a challenge to the constitutional validity of the new IT Rules, has submitted that although the right to freedom of speech and expression,

Continue Reading

Facebook, WhatsApp release compliance reports under new IT rules

2021-08-31 20:02:28

Facebook acted on 33.3 million pieces of content, and more than 2.8 million pieces of content at its photo and video sharing site Instagram over 45 days between June 16 and July 31, it said in its monthly transparency report.

The US-based social media network proactively acted on 3.5 million posts related to violent and graphic content and 2.6 million posts concerning adult nudity and sexual activity, it said in the report, published in line with the

Continue Reading

Delhi HC Asks Centre to Respond to Pleas by FB, WhatsApp Challenging IT Rules

The Delhi High Court Friday asked the Centre to reply to pleas by Facebook and WhatsApp challenging the new IT rules for social media intermediaries requiring the messaging app to trace chats and make provisions to identify the first originator of information. The pleas have challenged the new rules on the grounds that they violate the right to privacy and are unconstitutional.

A bench of Chief Justice D N Patel and Justice Jyoti Singh issued notice asking the Centre, through

Continue Reading

HC Gives Stay to IT Rules Clauses Mandating Code of Ethics for Digital Media

The Bombay High Court on Saturday granted an interim stay to the operation of clauses 9 (1) and 9 (3) of the new Information Technology Rules, 2021 for digital media pertaining to adherence to a Code of Ethics.A bench of Chief Justice Dipankar Datta and Justice G S Kulkarni said such compulsory adherence to code of ethics was in breach of the petitioners’ right to free speech guaranteed under Article 19 of the Constitution. It also said that clause 9

Continue Reading

What Was The Need to Introduce New IT Rules? Bombay HC Asks Centre

The Bombay High Court on Friday asked the Union government what was the need to introduce the recently notified Information Technology Rules, 2021 without superseding the existing IT Rules that came into effect in 2009. A bench of Chief Justice Dipankar Datta and Justice GS Kulkarni reserved its order on two petitions pleas seeking an interim stay on the implementation of the new Rules.

The pleas, filed by digital legal news portal Leaflet and journalist Nikhil Wagle, raised objections to

Continue Reading

Twitter India’s Manish Maheshwari to move to US as Senior Director

2021-08-13 17:11:18

Twitter India head Manish Maheshwari is moving to the microblogging site’s US operations close to two years after he was appointed as the managing director of Twitter India.

Maheshwari, who joined Twitter India from Network 18 in April 2009 will move to the US as Senior Director, Revenue Strategy and Operations.

A Twitter spokesperson said, “We can confirm that Manish is staying at Twitter, and moving into a new role based in San Francisco as Senior Director,

Continue Reading

Twitter now in compliance with IT rules, govt tells court

2021-08-10 13:54:30

The government on Tuesday told the Delhi High Court that Twitter appears to be in compliance with the Information Technology Rules, 2021, having made appointments in all three key positions mandated under the rules.

“I can tell you that the chief compliance officer, nodal contact person and resident grievance officer have been appointed, and they (Twitter) are today in compliance [with] the law,” Additional Solicitor General Chetan Sharma told the court.

Sharma was responding to an affidavit

Continue Reading

No committee to watch social media; new rules to make platforms more accountable: Ashwini Vaishnaw

2021-08-04 19:41:54

The ministry of electronics and IT is in the process of identifying gap areas in the existing Information Technology Act, 2000, union minister Ashwini Vaishnaw said in response to a Parliament question on Wednesday.

“Taking cognizance of the rapid technological changes and innovation in the technology, this Ministry has initiated identification of gap areas in the existing Information Technology Act, 2000. The extent of changes required and the Ministry’s response to the changes has not been worked

Continue Reading

Koo publishes compliance report for July, says took steps to ‘proactively moderate’ 65,280 posts

2021-08-02 17:09:53

Indian microblogging platform Koo said on Monday that in accordance with the rule 4(d) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 of the Government of India, it has published a social media compliance report for July.

Koo said the report, published
second month in a row, aims to bring transparency to the process of enabling compliance requirements on social media.

The company said the report for July shows that of

Continue Reading

Google says it removed 71,132 content pieces in May, 83,613 items in June in India

2021-07-30 11:39:14

Google removed 71,132 pieces of content in May and took 83,613 removal actions in June following user complaints, the company said in its monthly transparency reports released on Friday. In addition to reports from users, Google also removed 6,34,357 pieces of content in May and 5,26,866 in June as a result of automated detection.

The US-based company has made these disclosures as part of compliance with India’s IT rules that came into force on May 26.

In its

Continue Reading

Twitter Non-compliant With IT Rules, Failed to Appoint Nodal Officers: Govt Tells RS

The Centre has said that social media giant Twitter has failed to comply with the new Information Technology (IT) rules as it did not appoint a chief compliance officer, a nodal contact person and a resident grievance officer on May 26. The IT rules mandate the appointments for all major social media intermediaries as per the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 notified on February 25, 2021.

“On 26th May 2021, Twitter was non-compliant as

Continue Reading

Delhi HC Expresses Displeasure Over Non-Compliance of IT Rules by Twitter

2021-07-28 17:07:42

The Delhi High Court Wednesday expressed displeasure over Twitter Inc appointing a contingent worker as Chief Compliance Officer (CCO) and said the microblogging platform was non-compliant with the new Information Technology (IT) Rules. Justice Rekha Palli noted that while the rules mandated appointment of a key managerial person or a senior employee as CCO, Twitter disclosed in its affidavit that it had appointed a contingent worker through a third party contractor.

He (CCO) is categorical (in his affidavit)

Continue Reading

Delhi High Court gives Twitter ‘last opportunity’ to show compliance with IT rules

2021-07-28 14:57:02

The Delhi High Court said on Wednesday that Twitter was in “total non-compliance” of the Information Technology Rules and gave the company a “last opportunity” to file a “better affidavit” showing its compliance in a week.

A single-judge bench of Justice Rekha Palli said the affidavit must clearly state the details of the people Twitter has appointed as its chief compliance officer and resident grievance officer. It must also include reasons why it has not appointed a nodal

Continue Reading

Tech giants comply with IT rules, but several nagging concerns remain

2021-07-17 23:30:00

FILE PHOTO: Facebook, Google and Twitter logos are seen in this combination photo from Reuters files. REUTERS//File Photo


Technology giants have conformed to the new IT rules, but several nagging concerns remain over some of the provisions of the intermediary guidelines, for which they have sought clarity from the government

Global technology leaders may have complied with several key requirements under India’s new IT intermediary guidelines, yet they are awaiting clarity from the government on some of

Continue Reading

Govt to send fresh notices on non-compliance with IT rules

2021-07-17 06:00:00

The centre is in the process of sending notices to companies that are yet to comply with the country’s revised Intermediary Guidelines, including some encrypted platforms like Signal, top officials told ET. Letters will also be sent to other firms that have not replied to the government’s queries on their compliance status following the implementation of the Rules on May 26.

Sources in the government said that while end-to-end encrypted platform Telegram has complied with the

Continue Reading