The Big Picture: Online Content - Tracing Origins

The government is finalising new IT rules for social media companies that would mandate traceability of originator of information on such platforms and removal of malicious content within 24 hours of notice, Parliament was informed on Thursday. The proposed new norms include deployment of technology-based automated tools or appropriate mechanisms for proactively identifying and removing or disabling public access to unlawful information or content. In December last year, the information technology ministry had sought public feedback on amendments to IT Rules for social media platforms and messaging apps in a bid to curb misuse of such platforms for spreading fake news. Messaging giant WhatsApp has, in the past, drawn flak from the government on the issue of message traceability. The government has been asking the Facebook-owned company to find ways to identify originators of rogue messages but the US-based firm has resisted the demand citing privacy concerns. On this edition of The Big Picture we will analyse what changes need to be made in IT rules.

Guests - Jiten Jain, Online Content Analyst,
Karnika Seth, Advocate, Cyber Law,
Prashant Mali, Cyber & Privacy Policy Expert,
Munish Sharma, Consultant, IDSA,

Anchor - Frank Rausan Pereira

Producer - Sagheer Ahmad

[shashiketan]

*128: TRACING ONLINE CONTENT*
• New IT rules for social media companies that would mandate traceability of originator of information on such platforms and removal of malicious content within 24 hours of notice.
• Proposed new norms include deployment of technology-based automated tools or appropriate mechanisms for proactively identifying and removing or disabling public access to unlawful information or content
• The government has been asking the Facebook-owned company to find ways to identify originators of rogue messages but the US-based firm has resisted the demand citing privacy concerns

Existing laws in India:
• Section 79, IT rules is an exemption provision which grants safe harbor to intermediaries from prosecution for illegal activities of third parties subject to fulfillment of certain conditions.
• Section 65 Evidence Act: Mechanism to produce e-proof.

Need to bring in new rules:
• Tracking open platforms - social media. Monitoring the open content.
• Technologies like digital signature or DNA technology by Microsoft is available. Also, any pirated content in YouTube is take down in minutes which proves that technology exists.
• Privacy of an individual is important but also state’s sovereignty is important to maintain larger public law & order.

Challenges:
• B2B closed platform is a challenge - not monitoring & storing the content
• Implementation of the law: Strict rules exist but not followed by private companies.
• Overlapping laws: defamation, trade secrets, fake news.

Arguments against:
• Privacy concerns: end to end encryption.
• Use of meta data & AI to deal with such issues.

Way forward:
• Generated new images & video content can have unique ID or hash value.
• Cases of fake news or child pornography must be dealt strongly & lead to conviction.
• Reasoned debate & deliberation.
• Awareness in people against fake news.
• There cannot be single treatment or one law for different cases. Evolving of law with technology is essential.

Security & privacy is a zero sum game. There has been no practicable solution yet except banning the apps by China & Russia. With new rules in place, other countries must be looking towards India as how it handle the thin line between state & individual.

[prajapatirahul]

Panelist done it very well despite interruption by karnika seth... Thanks frank sir. :)

[ashwin]

Karnika Seth should know when to speak. She interrupted all the other 3 panelists.

[ashasaroj]

Very good debate by Jiten jain and munish sharma .

[salmanhnegalur]

I was looking forward that panelist will talk about data surveillance which happened recently. Which is actually a serious issue on who actually involved in deployment of peagsus spyware in India

[subham]

summary at the end by Frank is a nice addition !!

[Gurpreetable]

There should be a magistrate enquiry before surveillance to privacy... Individual Rights must be respected.... Today.. individualism prefer more than collectiveness with the awareness of human.

[TheRevisionChannel]

Internet is huge. While it can be a threat in terms of spreading fake news, cyber bullying, etc and has the potential to create a nation wide unrest thus threatening security, It also has it's advantages of propagating freedom of speech and expression which is a fundamental right of every citizen enshrined in Article 19(1). Thus, the internet needs to be controlled only to that extent that it threatens the national security. The causes of the threat should be clearly defined in the guidelines/bill.

[sanaj]

These is need to amend t law but whatever existing law they have enough teeth to curb the social media platform. National security is our fundamental right to privacy.Indenization of Data protection law is required.
Thank you Big Picture!!

[sonicaphos]

Why is the advocate so restless...other panelists are not so excited. Give them a chance to speak Jeez.

[jkshar]

Good discussion but it's rude if you are interrupting someone!

[SamyakJagtap]

But what is National security? Is it depends on the govt of the day?

[SAMARTHYA_IAS_JUDICIARY]

Frank sir, I just saw ur tweet where you were addressing insights IAS students.I always wanted to meet u, but i had no idea about ur schedule there, probably it was only for thier's students.

[RahulChauhan-mpsp]

Online tracing the origin of the content
Present situation
No strong law to make accountable the social media companies till now whatsapp and Facebook and others have been excusing to reveal the origin of information in the name of privacy but now when other countries like china russia and germany have strengthened their laws india should also so as to avoid many repercussions in the aftermath.the existing laws should be implemented alongwith the new laws.

[yashsoni]

People saying the channel doesnt highlight the criticism.. It is a government owned channel.. Dont expect them to criticize the government in power.. Rather just take the positive points discussed and use your own brain to differentiate what is right and what is wrong.. Even in UPSC you have to write pro government answers w/o criticizing a lot 🙏

[AmitSharma-bsjw]

for a national security privacy must be diluted but not used oppress other views..

[shawnmendes]

have custom or habit of if it is offensive for someone....🤗🤗🤗🤗

[arzunmusic]

Those who can give up their essential privacy for temporary safety. Deseeve neithee peivacy nir safety..


First time i realised that frank sir has also started calling up on bkhts on the debate, ,