THE Information Technology Act (Intermediary Guidelines and Digital Media Ethical Code) 2021, notified on February 25, 2021, has come up against a legal hurdle in various states for its constitutionality. Two cases have been filed in the Madras High Court, first by the Carnatic musician TM Krishna and then by the Digital News Publishers Association, a 13-member collective of the biggest news media companies. Two cases have also been filed in Delhi High Court, one in Karnataka and two in Kerala.
While the ministry of information and broadcasting is quietly collecting information about digital publishers and encouraging setting up of a self-regulatory framework, the ministry of electronics and information technology does not need to take any action as non-compliance of the rules only prevents an intermediary from using the safe harbour provision in Section 79 of ITA 2000/8.
Section 79 is not a penal section and it cannot be used to book an offence. However, if an intermediary is contributing to the commission of any offence, it may become liable for assisting and abetting in the said offence. It is in this context that Twitter has been made a party to an FIR in UP; it is related to the publishing of a fake video message as well as the India map issue.
There is no constitutional guarantee that any intermediary will be free from judicial scrutiny in case it is part of a conspiracy or used as a tool to commit any other offence. The only effect of non-compliance of the guidelines is loss of one defence—“I am an intermediary and I am protected from being held liable for the offence for the reason that the offending message was hosted on the platform.”
Denne historien er fra July 19, 2021-utgaven av India Legal.
Start din 7-dagers gratis prøveperiode på Magzter GOLD for å få tilgang til tusenvis av utvalgte premiumhistorier og 9000+ magasiner og aviser.
Allerede abonnent ? Logg på
Denne historien er fra July 19, 2021-utgaven av India Legal.
Start din 7-dagers gratis prøveperiode på Magzter GOLD for å få tilgang til tusenvis av utvalgte premiumhistorier og 9000+ magasiner og aviser.
Allerede abonnent? Logg på
PIL, Difficult To Swallow?
In a recent ruling, the Bombay High Court lamented the increasing number of frivolous public interest litigations being filed in courts and echoed the sentiments of the Supreme Court that such litigations are the bane of the judicial system. Is there any way to restrict their misuse?
Till Infertility Do Us Part...
The Calcutta High Court slammed a husband for initiating divorce proceedings due to his wife's infertility and asked him to be a pillar of support for her. Courts have often taken an empathetic view in such matters
IS THAT LEGAL?
Ignorance of law is no excuse. Here are answers to frequently asked queries regarding matters that affect us on a day-to-day basis
The Big Lie
In America, The Big Lie is an idiom used by Donald Trump's opponents and the media to describe his constant gripe about election fraud. Now, it seems more suited to another Republican, Congressman George Santos (right), who has been facing growing calls to resign after he admitted fabricating parts of his resume and biography since his election in New York last year.
Flying into the Sunset
Over 50 years since the first and original jumbo jet, the Boeing 747, took to the skies and revolutionized air travel, the last of the legendary aircraft (right) was delivered to a freight charter company, bringing down the curtain on one of aviation's most successful products.
Star Crossed
Actor and producer Alec Baldwin is a Hollywood legend, having starred in a range of movies, award winning TV sitcoms, and theatre. He was most recently seen in Mission Impossible Fallout, which is an apt description of his current situation.
Walkouts in the UK
An estimated half a million workers have gone on strike, shutting down thousands of schools, public transport and border disruption. It is the biggest day of industrial action for more than a decade.
Myanmar's Misery
Two years after the military coup ousted the elected government led by Aung San Suu Kyi, the brutal crackdown by the junta on so-called \"insurgents\" and civilian protesters has reached a new level with the use of air strikes, a new and deadly tactic in the ongoing civil war.
AMERICA'S ANGST
From messy, divisive politics to a series of mass shootings, and now black officers brutally beating another black man to death as seen in bodycam videos, America's domestic convulsions are cause for serious introspection
JUSTICE LEAGUE
There are few judicial appointment procedures in the world that are completely bereft of the overarching presence of either the executive or the legislature, or both. In the end, the judge is left with all the powers vested in him/her by the constitution to uphold the rule of law, within an atmosphere of external influences
