Social media platforms told to take down ‘obscene’ content, Pg1

Key Highlights:

• The Ministry of Electronics and Information Technology (MeitY) has directed social media platforms to proactively remove "obscene" and "pornographic" content.
• Large social media platforms (over 5 million users) must use technology for automatic detection and removal, as per IT Rules, 2021.
• The advisory follows a Supreme Court directive urging action against online "obscenity".
• Non-compliance may lead to action under the IT Act and Bharatiya Nyaya Sanhita, potentially affecting safe harbor provisions.

Detailed Insights:

• The government observed an increase in obscene content that large social media platforms were failing to screen effectively.
• The IT Rules require intermediaries to prevent users from hosting or sharing obscene, pornographic, or unlawful content.
• Platforms must have grievance redressal officers in India to address complaints and comply with government orders to maintain safe harbor protection.
• Failure to comply with the IT Act and IT Rules, 2021, may result in prosecution under the IT Act, Bharatiya Nyaya Sanhita, and other criminal laws.

Key Concepts Involved:

• Safe Harbor: Legal principle exempting platforms from liability for user-generated content, contingent on compliance with regulations.
• Intermediary: Entity providing services to transmit or store data on behalf of others, subject to IT Act regulations.
• Grievance Redressal Officer: Designated officer to receive and address user complaints, mandated by IT Rules for social media platforms.