Explained: Data privacy laws in India, what Facebook, Twitter and others have to comply with

Several tech companies and social media platforms are yet to comply with the new rules under the IT Act though the deadline for compliance ended on May 25. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 were introduced in February and companies had been given 3 months for due compliance.

However, as of May 25 only Koo, India's homegrown answer to microblogging social media platform Twitter, has fulfilled all the necessary requirements.

The new rules mandate a three-tier grievance redressal system and more transparency regarding content moderation process on social media platforms in India.

What are the guidelines under IT Rules 2021

The IT Rules 2021 were brought in by the government to ostensibly hold social media platforms more accountable for their content and to give users a grievance redressal system.

The rules, however, came after the Indian government had a spat with Twitter after the latter reinstated several accounts connected to the farmer protests that had been suspended on government request in February.

What do the rules require from social media platforms?

The IT Rules 2021 require all social media platforms to set up a three-tier grievance redressal system, with local, nodal and chief grievance officers. There are stringent requirements on who exactly can be chosen as a grievance officer as well, for example only Indians being allowed to hold the post.

The rules also mandate a change in the content moderation policy of all social media platforms.  The social media platforms will be required to remove all posts that contain partial or full nudity,  sexual acts, and other such activities that have been termed as "objectionable" like posts that threaten the sovereignty of India or its relations with foreign nations for example.

There would also be a formation of an oversight board with representatives from the different ministries including Defence, External Affairs, Home, I&B, Law, IT and Women and Child Development. The oversight board would have powers to conduct "suo motu" hearings regarding violations of the new rules and can direct the companies to remove content directly.

It would also require companies like WhatsApp to trace messages of "objectionable" content to its originators

Why haven't the companies complied yet?

Social media companies have asked for an extension of the deadline by 6 months so that they can receive instructions on the matter from their Headquarters. The multinational tech giants also ask for an extension due to the COVID-19 pandemic situation in the country.

Other industry bodies have also asked for an extension of the deadlines as well. These include Confederation of Indian Industry (CII), the Federation of Indian Chambers of Commerce & Industry (FICCI), the US-India Business Council (USIBC), Asia Internet Coalition (AIC) and the US-India Strategic Partnership Forum (USISPF).

https://www.thehindu.com/news/national/facebook-says-it-aims-to-comply-with-indias-new-it-rules/article34638367.ece

But there are other concerns as well, including those about silencing freedom of speech and violating privacy protocols.

As reported by Reuters, Facebook owned WhatsApp has taken to court already to stop the implementation of the new IT rules.