Since the advent of new IT rules, we are constantly reading news about Intermediary Platforms and Section 79 of the IT Act. But what is it actually, let’s know.
There is a constant tussle between the microblogging platform Twitter and the government. In such a situation, if sources are to be believed, Twitter may have to lose its status as an intermediate platform in India due to not following the new IT rules properly. After losing the status of an intermediary platform, Twitter may face legal battles and legal action can also be taken against it.
In fact, the government has implemented new IT rules on May 26, 2021, which all social media companies have to follow and in this, the Chief Compliance Officer, Nodal Officer and Grievance Officer have to be appointed in India. In such a situation, almost all social media companies have followed it, but Twitter is constantly trying to follow it. According to the government, Twitter is neither following the guidelines properly nor is giving correct information about it. If sources are to be believed, then the status of intermediate platform can be taken away from it, which means that it
will not be given protection under section 79 of the IT Act .
Since the advent of new IT rules, we are constantly reading news about Intermediary Platforms and Section 79 of the IT Act. But in reality, what it is, many people are not yet properly aware about it. So today we are going to tell you about the Intermediary Platform and Section 79 of the IT Act. Along with this, we will also discuss that if this status is taken away from Twitter, then what kind of trouble this micro blogging platform may face.
What does section 79 of the IT Act say
As per Section 79 of the Information Technology Act, 2000, the Social Media Intermediary shall not be responsible for any third party information, data or communication links offered on its Platform and no action shall be taken on the Platform. It further states that social media will have this protection as long as the company does not transmit any such message, does not select the receiver of the transmitted message and does not modify any information contained in the broadcast.
Talking to Delhi High Court Advocate Akash Bajpai on this matter, he said that, it can be understood in simple language in such a way that if a social media platform is just a bridge in transferring a message from one person to another. If it works then no legal action will be taken against it. However, if even after being told by the government or its agency, the social media company fails to remove the message being made for any such illegal act, then it may have to face legal action.
What type of immunity does the intermediate platform get?
Advocate Akash says that if any social media platform gets intermediate status, then it can avoid any kind of legal action. For example, if a person registers an FIR in the police against a post made by a person, then action will not be taken against that social media platform, that is, the platform will be completely safe. These platforms are exempted from both criminal and civil liability, that is, if a person makes a defamation claim on a social media post, then the court can summon that post as well as the social media company. After this, both the company and the person making this post can also be fined.
What if Twitter will be stripped of its Intermediary Platform status?
According to the government, if any social media platform company does not comply with the new IT rules, then the status of intermediate platform can be taken away from it. Akash says that if this status is taken away from the microblogging platform Twitter, then it can face many problems. Legal action can be taken easily against the company and it will not get any kind of protection. If a case is filed against Twitter after the termination of the status of an intermediary platform, it cannot come out saying that we are just a social media platform and we have nothing to do with it. Akash, citing an FIR registered against Twitter in Ghaziabad, said that Twitter will have to respond to every case registered against him and it may lead to other troubles as well.
Let us inform that the Loni Police of Ghaziabad has registered a case against 9 people including Twitter for inciting religious sentiments. This case has been registered in the case of a Muslim elder named Abdul Samad. Police have registered a case against Mohammad Zubair, Rana Ayub, The Wire, Salman Nizami, Mashkoor Usmani, Sama Mohammed, Saba Naqvi, Twitter and Twitter Communication India Pvt Ltd under sections 153,153A,295A,505,120B and 34 IPC. Police has said that it was falsely circulated that Abdul was killed by Hindu youths while Muslims have been arrested in this case.
Government’s response to Twitter
If we talk about following the new IT rules, then Twitter has been continuously talking about it. Union Minister Ravi Shankar Prasad has raised many questions on the social media site Twitter by posting several on the micro-blogging platform Koo. He said that Twitter failed to follow the guidelines even after being given several chances. Many questions are being raised about whether Twitter is a safe platform. The simple fact of the matter is that Twitter has failed to follow the Intermediary Guidelines that came into force from May 26.
Apart from this, Twitter will be given many opportunities to follow them but it deliberately did not follow them. Along with this, he raised many more questions on Twitter and said that Twitter manipulates the media and does not create any system to address the complaints of users. In addition, it chooses a policy of flagging and manipulates the media. “Twitter has been very enthusiastic about its investigation, but it has completely failed to act in many respects and at the same time does not indicate its will or purpose in fighting misinformation,” Prasad said.
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