sflc.in Profile picture
16 Jun, 6 tweets, 3 min read
Safe Harbour is not a certificate or a stamp that is issued by the government. It is an inherent protection available to #intermediaries.
#ITRules #TwitterIndia #SocialMedia
sflc.in/twitter-interm…
#Twitter has approximately 1.75 crore users in India. The Safe harbour protection is an inherent protection granted to intermediaries which is a defense it can take against imposition of liability for acts done by third parties.
Such a defense is taken at the time of ascertainment and quantification of liability which would be done before a court of law and not by the government.
The underlying basis of #SafeHarbour is that an online intermediary in its role as a mere facilitator, messenger or a conduit, cannot be subjected to an imposition of liability for content or information that is shared on its platform.
Providing safe harbour protection to intermediaries facilitates feasibility of operations by intermediaries and it promotes investment and innovation in the sector.
Twitter has claimed that it has taken steps to comply with the new #ITRules. Now, it is for the courts to decide in an appropriate proceeding whether @Twitter has complied with the Rules or not. This involves determination by a court of law & cannot be declared by the Government.

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More from @SFLCin

17 Jun
#FreeSpeech
While we are witnessing a rise in the blocking and removal of content online, it becomes important to track these instances of free speech violations and ignite conversations around the status of free speech in India.
#Twitter #socialmediaban #censorship Image
If you have posted any content that has been removed or any warning has been issued by any social media platform. Please fill the form or email us at mail@sflc.in to tell us more.
forms.sflc.in/index.php/6875…
It is through comprehensive documentation that systematic change can be brought, we have aimed to do that with our Free Speech Tracker and Internet shutdowns tracker as well. Please help us collate more information on content removal by filling this form.
Read 8 tweets
16 Jun
#VaccineForAll
Government allows walk-in Vaccination for 18-44 age group.
We thank @PMOIndia @MoHFW_INDIA and @AyushmanNHA for listening to the the grievances raised by @SFLCin regarding #COVIDVaccination.
#DigitalDefenders #VaccinationDrive #Covid_19 #CowinPortal #Corona
Beneficiaries aged 18 years and above can now schedule appointments online or walk-in to Government vaccination centres for Vaccination.
#CowinPortal
. @SFLCin had written letters to @PMOIndia @MoHFW_INDIA @AyushmanNHA highlighting the urgent need to open up walk-in registrations for 18-44 age group.
sflc.in/sflcin-writes-…
Read 8 tweets
16 Jun
#ITRules
@Twitter is an intermediary under Section 2(w) of the IT Act. This status cannot be taken away by the Government.
#ITrules2021 #TwitterIndia #SocialMedia
Intermediaries get a safe harbor protection under Section 79. This is conditional on them not modifying the content or initiating the transmission or selecting the receiver of the transmission.
It is also reliant on intermediaries discharging the due diligence requirements under the Act and under the Intermediary Guidelines Rules, 2021.
Read 5 tweets
8 Jun
#RightsCon2021
#LiveToday: Join @PrasanthTweets, @VrindaBhandari, Dan Yair, & @sardarbinyan as they discuss the current state of COVID-19 litigation at @rightscon 2021.
rightscon.summit.tc/t/2021/events/…
#DigitalRights #Covid19
. @SFLCin has assisted in the filing of a writ petition challenging the Liberalised Pricing and Accelerated National COVID-19 Vaccination Strategy before the Kerala High Court.
sflc.in/sflcin-assists…
#petition #Vaccination #VaccinationForAll
The liberalised pricing policy has allowed a multi-track procurement process & a differential vaccine pricing mechanism where vaccines will be supplied by the two Vaccine Manufacturers, @SerumInstIndia as well as @BharatBiotech to the Center, the States & private hospitals.
Read 11 tweets
7 Jun
#Update
Date extended for 'Draft #Aadhaar Regulations 2021' till June 21, 2021.
@SFLCin had written to the @UIDAI seeking extension of the stakeholder consultation period and to be in compliance with the Pre-Legislative Consultation Policy.
#DigitalDefenders #Policy #AadhaarCard
The letter also highlighted that the Pre-Legislative Policy requires proactive publication of the proposed legislation on the internet and through other means. sflc.in/sflcin-writes-…
The draft document was released by the UIDAI from May 20, 2021 to June 2, 2021 which is less than the 30 day period stipulated by the Pre-Legislative Consultation Policy. The deadline has now been increased till June21, 2021.
Read 4 tweets
26 May
@WhatsApp has challenged the traceability provision in the Delhi High Court stating it is unconstitutional and against the fundamental Right to #Privacy as enshrined in Justice K.S. Puttaswamy vs UOI (2017).

indianexpress.com/article/techno…
In order to follow the traceability provision i.e. Rule 4(2), WhatsApp would have to break end-to-end encryption for its users thereby undermining privacy of messages to its users.
You can read about the provision here:
sflc.in/what-originato….
SFLC.in has been assisting FOSS developer Praveen A in challenging IL Rules,2021 including the traceability provision.

You can read about the challenge here:
sflc.in/praveen-arimbr…
Read 8 tweets

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