New IT Laws of India, 2021

New IT Laws of India, 2021

The Government of India is working on implementing new IT laws these days. As we have seen that some social media platforms like WhatsApp and Twitter are taking advantage of the old Information Technology laws in India. Apart from this, some such content is also being served on OTT or digital platforms, due to which the image of India is tarnished.  To deal with this, the Government of India has tightened its gear and will soon implement new IT laws.

Recently, social media platforms like Twitter and WhatsApp were seen promoting many things in India. In which form the Farmers Protest to the riots in what happened, the hand of these platforms was shown. This time, the Narendra Modi government planned to enact oversight over Social-media platforms like Facebook and Twitter.

And also preparing to bring Digital media and steaming platforms into a stricter regulatory net. Also, The Information Technology (Intermediary Guideline and digital media ethics code) Rules 2021 announced by the government of India.  Which will replace some parts of IT Rules, 2011.

New Amendment in IT laws of India:

WhatsApp is facing Criticism in India regarding its privacy policies. Although, it mentioned that their user’s chats are end-to-end encrypted but the sudden changes of their privacy policy enforced the government to introduced new IT laws.  According to the New Social Media rules of India, platforms like WhatsApp have to clarify what kind of sensitive information they add to their Policy.

Further, the Government of India filed a case in Delhi High to halt the new Privacy Policy of Whatsapp. And, asked the court to restrain Whstapp until the new IT law implemented.

Also, India accused Whstapp of discriminate between India and Europe. Because WhatsApp will imply different Privacy Policies for European countries because they have strong Data Protection laws. However, India urged WhatsApp CEO Will Cathcurt to withdraw the new Privacy Policy, but India received no positive response. So, now Indian will introduce new IT law after the decision of the Indian Supreme Court.

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WhatsApp new Privacy Policy violating 5 IT laws:

  • WhatsApp has failed to describe the type of sensitive data being collected by it. which is a violation of Rule 4 (1) (ii) of the IT rule of 2011. Here Rule 4 (1) (ii) mentioned that if any corporate or person who collects, receives and stores, and deals or handled information shall provide a specific privacy policy for handling or dealing in personal information including sensitive personal data or information.

  • All the Companies, Corporate sectors, and persons required to submit a reason for collecting sensitive information. And, also need to give a reason why they want to collect this information. Where Rule 5 (3) of the IT Law determines any person or corporates collecting information shall notify its user before collecting any sensitive information.

  • Also, there is no option to review the sensitive information user providing to such applications as Whatsapp. Which is a violation of Correction and Amendment of information.

  • Whatsapp does not provide such an option to delete sensitive information and private limit to its users, which is also a violation of Rule 5 (6) of IT Law. However, there is only one option to change Phone Number, Profile Picture, and Profile name.

  • Apart from these, the new WhatsApp privacy policy, also fails to provide users an option to withdraw consent on data sharing, which violates Rule 5 (7) and Rule 6 (4) of IT Rules of 2011.

OTT and Digital Media Amendment:

  • The new amendment to Information technology intermediary rules also includes “Code of Ethics and Procedure and Safeguards in Relation to Digital-Online Media”. Although, Prakash Javedekar said that Media freedom is absolute but with responsible and reasonable restrictions. Self-restriction is called responsible freedom.

  • The rules under this code will apply to every platform from Online news and digital media to OTT platforms like Netflix and Amazon Prime.

  • Now Norms of Journalistin Conduct of the Press Council of India and the Programme Code under the Cable Television Networks Regulation Aat will apply to digital media as well. Because this time, the Digital platform is occupied with sexual abuse, online harassment, stalking, privacy violation, pornographic, paedophilic activists. So these steps are necessary to stop this mindset.

  • Under the new rules, the government will ask the OTT platform and digital news media portal to set up an in-house dedicated grievance redressal system. This means Government asked this platform to divide content into 13+, 16+, and adult content.

Positive Impact of new IT Laws in India:

1. Evacuation of non-consensual cozy pictures within 24 hours,

2. Distribution of consistence reports expanding straightforwardness,

3. Setting up a question goal component for content evacuation,

4. Adding a mark to data for clients to know whether the substance promoted, possessed, supported, or solely controlled.

However, the Indian government is busy implementing New IT laws in India. But, this is true that WhatsApp already shared its user’s data to Facebook in 2014. When Facebook purchased Whstapp in 2014, then its privacy policy already changed a lot. And this Data used by Third-Party organizations like Cambridge Analytics. Which turned down the USA election process and manipulated the people of America.

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