Thread by @menakadoshi

#SocialMediaban
I'm puzzled by this frenzy over a potential ban of social media platforms on account of non-compliance with latest Rules.

Significant social media intermediaries (Twitter, Facebook, Instagram etc...) had 3 months to comply with the rules. That period ends today.

The rules themselves say nothing about any BAN.

What they say is - if a social media platform doesn't comply with the Rules then it loses protection under Section 79 of the IT Act, 2000.

Please read for yourself 👇

Simply put - Section 79 of the IT Act protects intermediaries from liability for third party information or data.

For instance - if someone fraudulently seeks donations via tweets, Twitter can't be held responsible unless it knowingly allowed the fraud.

Section 79 👇

Worldover social media platforms have such blanket protection. Or else they'd get implicated in all kinds of cases.

Sans this, platforms MAY BE vulnerable to prosecution for illegal activity they haven't committed nor had any knowledge of but that takes place on their platform.

Even a reading of the IT Act shows no instance of ban for non-observance of any of the accompanying regulations/rules.

Penalties
meity.gov.in/content/minist…

Offences
meity.gov.in/content/offenc…

Governments (sane ones atleast) don't go around shutting down businesses or banning them if a set of procedural rules are not followed.

So calm down. And I'm going to return to work. Just wanted to put the facts out there.

#SocialMediaban #MostUnlikely

Btw since we are on this topic.

The liberty of the person, ever since the consciousness of civil liberties has come upon the people, has been the main battleground of the autocrats and those fighting against them...

- Dushyant Dave quoting Prof. KT Shah

bloombergquint.com/law-and-policy…