A provision for the setting up of Grievance Appellate Committees<\/a> (GACs) in the amended IT Rules may lead to the government having a disproportionate say in relation to user content hosted by social media<\/a> intermediaries, experts have said. 一个条款的设置不满上诉委员会(gac)修改规则可能导致政府有一个不成比例的说主持的用户内容的关系社交媒体中介机构,专家们说。
They have urged the government to mention “the specific grounds” under which an appeal may be made to the GAC<\/a>, as this would also keep the volume of cases escalated to the GAC more manageable.
Legal experts have also expressed concern over the staffing of statutory bodies, whether it is a commission or a tribunal. As vacancies to these bodies are not being filled up on time, many cases are still pending, they said.
In August 2021, the Chief Justice of India observed that there were over 240 vacancies in tribunals across the country.
Lawyers have also said that an appellate forum should have been created based on a primary legislation made by Parliament, through an amendment to the IT Act and not solely based on an executive fiat.
“This itself is likely to be challenged and may be a matter of dispute,” Sanjay Sen, senior advocate at the Supreme Court, said.
Under the amended IT Rules that the government notified on Friday, GACs must be set up within 90 days<\/a>. The government also said it would soon decide on the framework for the composition, functioning and other modalities of the GACs<\/a>, which would be set up to address user complaints against social media platforms such as Twitter and Facebook.
Each GAC will consist of a chairperson and two other members – all of whom would be appointed by the government with one of them being an ex-officio member, as per the new Rules.
“In view of this composition and the roles and responsibilities assigned to the GAC, a lot of advocacy groups do believe that the GAC may lead to the Executive having a disproportionate say in relation to user content hosted by intermediaries, especially social media intermediaries and thereby having an unprecedented power to remove content that may not appease the government,” said Ranjana Adhikari, partner, IndusLaw.
To balance this, it would have been better if the amendment rules had mentioned the specific grounds under which an appeal may be made to the GAC, she said.
“This would have also kept the volume of cases escalated to the GAC more manageable,” she added.
The amendments are largely the same as the version proposed in June but with some additional changes.
For instance, the government has made changes to the list of prohibited content, and while most content takedown-related grievances need to be actioned within 72 hours, categories like defamation and IP infringement are exempt from this requirement.
“We believe they’ve tried to narrow down to more problematic content that needs to be actioned quickly. But it remains how this will play out in practice,” said Aman Taneja, lead – emerging technologies, Ikigai Law.
This is especially so since terms like ‘misinformation’ have been introduced without providing a definition as to what that really means.
While the focus remains on social media companies, the amendments apply to all types of intermediaries. This is a missed opportunity to narrow down to the platforms that the amendments are really targeted at. “We might see unintended consequences for other non-social media intermediaries,” he said.
Comply or lose safe harbour
<\/strong>
On what would happen if social media intermediaries do not comply with a GAC decision, Minister of State for Electronics and IT Rajeev Chandrasekhar said they might lose their safe harbour protection.
Failing to act on one GAC order should not strip the platform of safe harbour from all the other content that it hosts, Taneja said.
This would be a disproportionate outcome and make operating any business which relies on user-generated content extremely challenging in the country, he said.
The fear of losing safe harbour may result in overcompliance by platforms and it could negatively impact users’ ability to use these platforms as a means of expression, he added.
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他们敦促政府提到“具体的理由”,一个可能的吸引力广汽,因为这也会保持的体积情况下升级到海关总署更易于管理。
法律专家也表示担忧法定机构的人员,无论是一个委员会或法庭。空缺,这些机构没有被填满,很多情况下仍悬而未决,他们说。
律师也表示,上诉论坛应该是创建基于主要由议会立法,通过一项修正案,它行动,而非仅仅是基于一个执行官菲亚特。
“这本身可能是挑战和可能是一个争议的问题,“Sanjay Sen,最高法院,高级倡导者说。
修改规则,政府通知下周五,广汽在90天内必须设置。政府还表示,将很快决定的框架组成、功能和广汽的其他形式,这将是建立解决用户投诉Twitter和Facebook等社交媒体平台。
每个广汽将由一个主席和其他两个成员——都将由政府任命的其中一个是一个当然的成员,按照新的规则。
“鉴于这篇作文和角色和职责分配给海关总署,很多团体相信广汽可能导致执行有不成比例的说与中介机构主持的用户内容,尤其是社交媒体中介,从而拥有前所未有的权力删除内容,不得平息政府,“说r Adhikari,伙伴,IndusLaw。
为了平衡这一点,它会更好,如果修改规则提到了上诉的具体理由可能是海关总署,她说。
“这将保持的情况下升级到广汽更可控的,”她补充道。
修正案在很大程度上是一样的版本6月提出的,但是一些额外的变化。
例如,政府已经禁止更改的列表内容,虽然大多数内容takedown-related不满需要72小时内时,类别诽谤和侵犯知识产权等免除这个需求。
“我们相信他们试图缩小问题更多内容,需要时迅速。但它仍然是这将如何发展在实践中,“Aman希夫表示——新兴技术,生活价值。
这是尤其如此,因为诸如“错误信息”没有提供一个定义,到底意味着什么。
虽然社交媒体公司仍然是政府工作的重点,但修正案适用于所有类型的中介机构。这是一个错失的机会缩小到修改是针对平台。“我们可能会看到意想不到的后果对其他非媒体中介机构,”他说。
服从或失去避风港
会发生什么如果社交媒体中介不符合广汽决定,电子和它Rajeev部长钱德拉塞卡表示,他们可能会失去他们的避风港保护。
未能按照广汽秩序不应该带平台的安全港的其他内容主机,希夫说。
这将是一个不成比例的结果,使操作任何业务依赖于用户生成内容极具挑战性,他说。
失去安全港的恐惧可能会导致overcompliance平台和用户就会产生负面影响的能力,使用这些平台作为一种表达的方式,他补充说。
A provision for the setting up of Grievance Appellate Committees<\/a> (GACs) in the amended IT Rules may lead to the government having a disproportionate say in relation to user content hosted by social media<\/a> intermediaries, experts have said.
They have urged the government to mention “the specific grounds” under which an appeal may be made to the GAC<\/a>, as this would also keep the volume of cases escalated to the GAC more manageable.
Legal experts have also expressed concern over the staffing of statutory bodies, whether it is a commission or a tribunal. As vacancies to these bodies are not being filled up on time, many cases are still pending, they said.
In August 2021, the Chief Justice of India observed that there were over 240 vacancies in tribunals across the country.
Lawyers have also said that an appellate forum should have been created based on a primary legislation made by Parliament, through an amendment to the IT Act and not solely based on an executive fiat.
“This itself is likely to be challenged and may be a matter of dispute,” Sanjay Sen, senior advocate at the Supreme Court, said.
Under the amended IT Rules that the government notified on Friday, GACs must be set up within 90 days<\/a>. The government also said it would soon decide on the framework for the composition, functioning and other modalities of the GACs<\/a>, which would be set up to address user complaints against social media platforms such as Twitter and Facebook.
Each GAC will consist of a chairperson and two other members – all of whom would be appointed by the government with one of them being an ex-officio member, as per the new Rules.
“In view of this composition and the roles and responsibilities assigned to the GAC, a lot of advocacy groups do believe that the GAC may lead to the Executive having a disproportionate say in relation to user content hosted by intermediaries, especially social media intermediaries and thereby having an unprecedented power to remove content that may not appease the government,” said Ranjana Adhikari, partner, IndusLaw.
To balance this, it would have been better if the amendment rules had mentioned the specific grounds under which an appeal may be made to the GAC, she said.
“This would have also kept the volume of cases escalated to the GAC more manageable,” she added.
The amendments are largely the same as the version proposed in June but with some additional changes.
For instance, the government has made changes to the list of prohibited content, and while most content takedown-related grievances need to be actioned within 72 hours, categories like defamation and IP infringement are exempt from this requirement.
“We believe they’ve tried to narrow down to more problematic content that needs to be actioned quickly. But it remains how this will play out in practice,” said Aman Taneja, lead – emerging technologies, Ikigai Law.
This is especially so since terms like ‘misinformation’ have been introduced without providing a definition as to what that really means.
While the focus remains on social media companies, the amendments apply to all types of intermediaries. This is a missed opportunity to narrow down to the platforms that the amendments are really targeted at. “We might see unintended consequences for other non-social media intermediaries,” he said.
Comply or lose safe harbour
<\/strong>
On what would happen if social media intermediaries do not comply with a GAC decision, Minister of State for Electronics and IT Rajeev Chandrasekhar said they might lose their safe harbour protection.
Failing to act on one GAC order should not strip the platform of safe harbour from all the other content that it hosts, Taneja said.
This would be a disproportionate outcome and make operating any business which relies on user-generated content extremely challenging in the country, he said.
The fear of losing safe harbour may result in overcompliance by platforms and it could negatively impact users’ ability to use these platforms as a means of expression, he added.
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