Power play to bring the digital ecosystem to heel (The Hindu, Governance, GS-2)

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01 Jun Power play to bring the digital ecosystem to heel (The Hindu, Governance, GS-2)

Posted at 01 Jun 2021 in Governance, GS Paper II by
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Context:- Recent IT rules 2021 which regulates the OTT and digital intermediaries came into the forefront because the government gave 3 months for its implementation but twitter did not align to these rules rather confronting.

Salient Features of rules:-

  • Due Diligence To Be Followed By Intermediaries
  • Grievance Redressal Mechanism:- appoint a Grievance Office’; shall acknowledge the complaint within twenty four hours and resolve it within fifteen days.
  • Ensuring Online Safety and Dignity of Users, Specially Women Users
  • Two Categories of Social Media Intermediaries:
  • Additional Due Diligence to Be Followed by Significant Social Media Intermediary:

Issues:-

  • providing a messaging function and these intermediaries to ensure traceability of the originator of information on their platforms
  • mandate for traceability violates the privacy rights
  • these Rules which are framed currently lack effective safeguards in that they also fail to provide any system of independent oversight over tracing requests 
  • allows government agencies the ability to seek any messaging user’s identity
  • contexts of journalistic source protection and for whistle­blowers. 
  • These rules mandating the presence of backdoors or weakening encryption 
  • Government already has numerous alternativ means but those are long process so government wants to shorten it.
    • Government already has the ability to access encrypted data under the IT Act under Section 69(3).
  • lacking sufficient checks will merely incentivise fishing expedition

 

Government point:-

  • Privacy is not an absolute right, and that the traceability obligation is proportionate, and sufficiently restricted it was also said in puttaswami judgement.

Scrutiny is must:-

  • Growth of social media though has increased accessibility and accountability in the governance but it also has created issues in the governance as well. So accountability of intermediary should be uphold but this should not be on the expense of free speech and suppressing the creativity.
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