Where India Stands In Implementing Social Content Rules?

Where India Stands In Implementing Social Content Rules?

Where India Stands In Implementing Social Content Rules?

As per the new Digital Services Act (DSA) rules, companies with more than 45 Mn users will be classified as very large online platforms (VLOPs)

Those platforms will also be required to do risk management and external and independent auditing

The online platforms and search engines were given a deadline of February 17 to publish their monthly active user

A new rule in Europe is set to bring tech majors such as Facebook, Google, Twitter and TikTok with a huge user base under stricter online content rules.

As per the new Digital Services Act (DSA) rules, companies with more than 45 Mn users will be classified as very large online platforms (VLOPs). Those platforms will also be required to do risk management and external and independent auditing, news agency Reuters reported.

Under the new rules, the platforms will require sharing data with authorities and researchers and then adopt a code of conduct.

It is pertinent to note that IT Rules, 2021 also introduced the concept of SSMIs – Significant Social Media Intermediaries in India.

Social media intermediaries with more than 50,00,000 registered users in India fall in the category of being classified as SSMIs, and are thus mandated to meet the additional due diligence requirements.

The government has released multiple amendments to the IT Rules from time-to-time to better regulate the platforms in its attempt to make the “internet open, safe, and trusted”.

Last year, the Indian government notified amendments to the IT rules 2021. Last month too, the Ministry of Electronics and Information Technology (MEITY) proposed another change to the IT rules, 2021. It sought to direct social media platforms to take down news or information identified as ‘fake’ by the Fact Checking Unit of the PIB.

MeitY will also reportedly work with internet intermediaries such as Google and Meta to create a framework for ‘trusted fact checkers’.

What The New Rules Translate For Tech Firms In Europe?

While the online platforms and search engines were given a deadline of February 17 to publish their monthly active users in Europe, the companies have started disclosing their numbers.

On the basis of last 45 days estimation, Twitter shared that it had 100.9 Mn average monthly users in the EU.

Those labelled as VLOPs have four months to comply with the rules or risk fines.

Moreover, Google owner Alphabet provided two sets of numbers. The tech giant shared numbers based on users’ accounts and signed-out recipients, saying users can access its services whether they sign in to an account or are signed out.

The number of signed-in users were at 278.6 Mn for Google Maps, 274.6 Mn for Google Play, 332 Mn for Google Search, 74.9 Mn for Shopping and 401.7 Mn for YouTube.

Apple has more than 45 Mn monthly users for its App Store built for its iPhones. “Apple intends, on an entirely voluntary basis, to align each of the existing versions of the App Store (including those that do not currently meet the VLOP designation threshold) with the existing DSA requirements for VLOPs,” it said on the company website.

For Meta’s Facebook, the number of average monthly active users was 255 Mn and about 250 Mn average monthly active users for Instagram in the last six months of 2022.

India Case

While globally, the legislators are coming up with stricter rules for social media platforms, the government of India last month notified three grievance appellate committees (GACs) to look into users‘ complaints against social media platforms based on amended IT rules.

“Keeping in view of the transition period required for the intermediaries as per their requests and technical requirement, the online platform will be operational in one month of this notification of the Grievance Appellate Committee, i.e. from 1st March 2023,” MeitY said.

The IT Rules, 2021 have been criticised by some parts of the industry for impeding free speech and expression, especially due to the introduction of GACs. Legal experts as well as several lobby groups questioned the autonomy of GACs.

However, the government has reiterated that it does not want to control social media intermediaries or restrict the freedom of expression of users on social media. The government aims to create an open, safe, trusted, and accountable internet for the people of India, government officials and ministers said at several points of time.

Note: We at Inc42 take our ethics very seriously. More information about it can be found here.

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