Algorithms of Social Media Intermediaries infringes Fundamental Rights

Subject – Polity

Context – ‘Algos, if infringing on rights of citizens, must be dealt with’

Concept –

There is a need to look into the algorithms of social media intermediaries if these go against the law or are in breach of Articles 14, 19, and 21 of the Constitution.
Algorithms that infringe on Articles 14, 19, and 21 of any citizen are still an infringement. Government’s main job is to protect the right to free speech, privacy, and the right to non-discrimination online just as the government does offline.
Articles 14, 19, and 21 guarantee equality before law, freedom of speech and expression, and protection of life and personal liberty.
As per the Supreme Court judgment in the Shreya Singhal case, wherein Section 66A of the IT Act was struck down, the direction to remove any social media content could come only through a court order, or from a competent authority of the central government under Section 69A of the IT Act.
- Neither Section 69A nor the blocking rules under the IT Act authorised NCPCR to direct intermediaries to remove content.