Govt. asks Telegram to take proactive anti-piracy action, Pg8

Key Highlights:

• The Ministry of Information and Broadcasting has directed Telegram to proactively detect and remove pirated content from its platform.
• Telegram has been given 15 days to respond to the Union Ministry's notice.
• This move follows a recent week-long ban on Telegram in India, justified by the National Testing Agency (NTA), related to the National Eligibility cum Entrance Test (NEET).
• The government aims to shift from "piecemeal takedown" to "platform accountability" for Telegram.
• Telegram is mandated to observe due diligence under the IT Act and IT Rules, 2021.

Detailed Insights:

• The government's demand represents an escalation in its efforts to combat online piracy on messaging platforms.
• Telegram has previously faced multiple court cases and accusations of delayed or insufficient action against piracy reports.
• The platform is often utilized for piracy due to its generous file size limits for free content uploads on channels.
• In March, Telegram complied with a previous order from the Ministry of Information and Broadcasting to remove over 3,100 URLs.
• Section 3(1)(b) of the IT Rules, 2021, requires intermediaries to make reasonable efforts to prevent users from sharing content that infringes proprietary rights.
• The National Testing Agency (NTA) cited the app's backdating timestamp feature as a risk for misinformation and leaks during the NEET exam.
• Telegram also received a separate notice from the Ministry of Electronics and Information Technology concerning its username feature.

Key Concepts Involved:

• Ministry of Information and Broadcasting: A government body responsible for policy formulation and administration of rules, regulations, and laws relating to information, broadcasting, press, and films in India.
• Information Technology Act, 2000 (IT Act): The primary law in India dealing with cybercrime and electronic commerce, providing legal recognition for electronic transactions and data.
• Intermediary Guidelines and Digital Media Ethics Code Rules, 2021 (IT Rules, 2021): Rules framed under the IT Act that mandate due diligence for social media intermediaries and digital news publishers.
• Platform Accountability: The principle that online platforms should be held responsible for the content shared on their services, moving beyond just reacting to specific takedown requests.