With the panic that arose from the ‘Social Media Ban’ to be announced on which platforms such as Twitter, Facebook and Instagram would be banned, Twitter India was inundated with tweets regarding the same.

Amid all this chaos, #Orkut started trending on Twitter, in memory of the platform that existed in the pre-social media era. People started tweeting about their memories, while some chose to express their disdain for them as well.

Meme templates also started picking up the pace on #Orkut

While brands and influencers also joined Orkut’s sentiments with their messages.

The new Information Technology Rules (Guidelines for Intermediaries and Digital Media Code of Ethics) 2021, also known as the New IT Rules 2021, are applicable today. The new rule establishes that “When an intermediary does not respect these rules, the provisions of subsection (1) of article 79 of the Law will not be applicable to said intermediary and the intermediary will be responsible for a sanction under any law for the time in force, including the provisions of the Indian Law and Penal Code ”.

Section 79 grants digital media platforms immunity from liability for posts that are uploaded to their networks and for any information or data involving third parties. The new IT Rules 2021 state that this immunity that is granted to all digital media companies will be lifted and that these platforms will obviously become part of the legal proceedings in the event that social media companies do not comply with the new rules that have been distributed.

Subsection 1 of section 79 of the TI Law says: “Without prejudice to everything contained in any law that is in force at the moment, but subject to the provisions of subsections (2) and (3), an intermediary will not be responsible for any information, data or communication link of third parties that is available or hosted by him “.

Subsections 2 and 3 establish that the provisions on legal immunity apply if “the function of the intermediary is limited to providing access to a communication system through which the information provided by third parties is transmitted or temporarily stored or hosted.” The broker does not initiate the transmission, select the receiver of the transmission, or select and modify the information contained in any transmission.

Based on all these rules and regulations, it is understood that social media companies may face a redress of torts and lose legal immunity for any legal proceedings in India that hold them accountable for content that is uploaded to their platforms. This in no way establishes that a ban could be applied for any breach, which shows that all rumors are unfounded.

Leave a Reply

Your email address will not be published. Required fields are marked *