Thread by @SFLCin

#Twitter & #Facebook are not getting #banned but If these significant social media intermediaries don't comply with the #ITRules they could however lose the safe harbor protection which means they could incur liability (civil & criminal) for the acts done by third party users.

The Rules could also undermine the principles of open & accessible internet, the fundamental #RightToPrivacy & #FreeSpeech & expression enshrined in the Constitution.
sflc.in/analysis-infor…
#SocialMedia #ILRules #SafeHarbour #BigTech #ITRules #TwitterBan #FacebookBan

The #informationtechnology Rules, 2021 (#ILRules) which have been prescribed by the #Centralgovt under Section 79 of the IT Act are a set of compliances which the intermediaries have to abide by, in order to keep the safe harbor protection intact.
#SocialMediaban #internet

Rule 4 of the IT Rules provides for a set of due diligence requirements which have to be complied by significant social media intermediaries (SSMIs) within a period of three months from the date of notification of the threshold under Clause (v) of sub-rule (1) of rule 2.

The primary consequence of non-compliance with Rule 4 of the IL Rules would be that SSMIs would end up losing the safe harbour protection granted to them under Section 79 of the IT Act.
#SafeHarbor #banned #SocialMediaban

This could open up an entire plethora of unpleasant possibilities. It could leave Intermediaries open to incurring liability (civil as well as criminal) for the acts done by third party users.
#DigitalDefender #SocialMediaPlatform #TwitterBanInIndia

Since state is the prosecuting agency for criminal cases, it will depend on how the Central Government and the state governments will initiate action against SSMIs before the courts.
#Governance #internet

In the past we have seen employees of #SocialMedia companies being named in #FIRs & criminal prosecution being initiated against them. Non-compliance with the IL Rules could give more ammunition to prosecution agencies & could dent safe harbour protection even further.

However, the exact scope of criminal liability that Significant Social Media Intermediaries would have to face, is something we will have to wait and see.

Fighting for our #DigitalRights has always been important, but never more than now.
#Donate today 👉 sflc.in/donate and help @SFLCin defend your #DigitalFreedoms.

#FreeSpeech #DigitalDefender #SocialMediaban #TwitterIndia #internet