Wednesday, April 21, 2021
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What digital, social media intermediaries need to do now on

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Compliance requirements for intermediaries

1. Prominently publish on website/mobile app the rules and regulations, privacy policy and user agreement for access or usage containing information as per rule

2. Send annual reminders to the users on the policies as per rule

3. Take down disputed content when notified by an appropriate court or a government agency as early as possible but not later than 36 hours

4. Archive the removed content and registration information for its evidentiary value for 180 days after the content is removed or account is closed

5. Appropriate information security measures shall be instituted as per Section 43A of ITA 2000/8

6. Provide information to law enforcement agency for investigative purpose within 72 hours

7. Shall not facilitate alteration of the normal course of operations

8.Report cybersecurity incidents to CERT-IN

9.Institute grievance redressal mechanism with acknowledgement within 24 hours and disposal within 15 days

Also Read: Supreme Court observes Centre’s new OTT guidelines silent on checking pornography

Additional compliance requirements for digital media companies and significant social media intermediaries

1.Appoint within three months a chief compliance officer, a resident of India

2. Appoint a nodal contact person for 24×7 coordination, also resident in India

3. Appoint a resident grievance officer

4. Publish monthly compliance report

5. Enable identification of the first originator of a message in India and provide when duly demanded by a competent authority under Section 69

6. Have a physical contact address in India

7. Enable voluntary verification for Indian users and display of such verification status

8. Ensure contact with the originator of the information before it is removed

9. Furnish information of the users of the publishing platform to the ministry as required

Also Read: Supreme Court issues SOP for hybrid physical hearing

10. Follow a code of ethics as prescribed

11. Develop Level I self-regulation

12. Participate in Level II regulation at industry level

13. Cooperate with the ministry in the oversight mechanism regarding directions for blocking, etc.

14. Create classification of content and display it along with the content

15. Enable age verification of the users as may be required

Read the related story: Policing digital media, OTT content

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News Update

Supreme Court refuses to transfer CBI cases against former CPWD chief engineer, his wife

According to the petitioner, CBI had filed criminal cases against him and his wife under the Prevention of Corruption Act, 1988 and they had been tried before the Court of Special CBI Judge, Siliguri, Darjeeling, West Bengal.

Collegium to be recast with CJI Bobde’s retirement

With the retirement of Chief Justice Sharad Arvind Bobde on April 23, the Supreme Court Collegium will be recast.

National Lok Adalat to be held in Calcutta HC premises on June 6

The matters to be dealt with include those pending before the High Court and pertaining to the ADR mechanism and settlement process among the parties.

Supreme Court sets aside bail given to 6 murder accused, criticises Gujarat HC verdict

The Division Bench of Justice D.Y. Chandrachud and Justice M.R. Shah set aside the Gujarat High Court order, wherein the six persons were granted bail on the grounds of parity.

Please wake up: Uttarakhand HC raps state govt on Covid failures in Maha Kumbh

A bench of Chief Justice Raghvendra Singh Chauhan and Justice Alok Verma was hearing a batch of PILs filed against the State and the district authorities regarding shortcomings in the Maha Kumbh preparations.
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