GOVT REGULATIONS & TECH PLATFORMS
- February 7, 2021
- Posted by: OptimizeIAS Team
- Category: DPN Topics
No Comments
GOVT REGULATIONS & TECH PLATFORMS
Subject: Governance
Context : The Centre has issued notice to Twitter after the micro-blogging site restored more than 250 accounts that had been suspended earlier on the government’s ‘legal demand’.
Concept :
Government Regulations regarding Tech Platforms
- In India, the Information Technology Act, 2000, as amended from time to time, governs all activities related to the use of computer resources.
- It covers all ‘intermediaries’ who play a role in the use of computer resources and electronic records.
- The term ‘intermediaries’ includes providers of telecom service, network service, Internet service and web hosting, besides search engines, online payment and auction sites, online marketplaces and cyber cafes.
- Social media platforms would fall under this definition.
- Section 69 of the Act confers on the Central and State governments the power to issue directions “to intercept, monitor or decrypt…any information generated, transmitted, received or stored in any computer resource”.
- The grounds on which these powers may be exercised are: in the interest of the sovereignty or integrity of India, defence of India, security of the state, friendly relations with foreign states, public order, or for preventing incitement to the commission of any cognisable offence relating to these, or for investigating any offence.
- Section 69A, for similar reasons and grounds , enables the Centre to ask any agency of the government, or any intermediary, to block access to the public of any information generated, transmitted, received or stored or hosted on any computer resource.
- The Act also empowers the government to collect and monitor data on traffic. When an authorised agency asks for technical assistance in this regard, the intermediary must comply with the request.
- Non-compliance may lead to a prison term of up to three years, besides a fine.
- Section 79 of the Act makes it clear that “an intermediary shall not be liable for any third-party information, data, or communication link made available or hosted by him”.
- This protects intermediaries such as Internet and data service providers and those hosting websites from being made liable for content that users may post or generate.