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Content removal notices should be sent prudently, says MeitY secy
Notices sent to IT intermediaries including social media platforms, internet service providers and search engines for taking down unlawful information should be done prudently and clearly, information technology secretary S Krishnan said.
Addressing a workshop in New Delhi attended by officials across departments, Krishnan said notices under the Information Technology Act, 2000 and IT Rules, 2021 should be sent in a suitable format, and be written in clear language, coupled with legal provisions, according to an official release on Wednesday.
The secretary's comments assume significance in the backdrop of the legal fight of social media platform X, formerly Twitter, with the government over takedown orders. Last month, the Karnataka High Court rejected X Corp's petition seeking to declare the Centre's Sahyog portal unconstitutional. The portal is a centralised digital platform to automate and streamline the process of issuing takedown notices to online intermediaries.
Krishnan told officials that executive powers “must be exercised in a prudent manner so that they withstand the judicial scrutiny and also balance the fundamental rights guaranteed under the Constitution of India”, the release said.
He pointed out the need to differentiate between the various legal provisions open to the government for issuing notices to remove or disable access to information it deems unlawful.
Section 69A of the IT Act, 2000 allows the government to block online content in cases where it threatens national security, public order, or friendly relations with foreign states. Section 79 of the same Act places intermediaries on notice regarding their obligations and potential liability in case of non-compliance. However, final adjudication rests with the judiciary.
Deficiencies in notices often lead to judicial challenges, said Ajit Kumar, joint secretary (cyber laws) at the Ministry of Electronics and Information Technology (MeitY), underscoring the need for a comprehensive and standardised approach while drafting them. The government is increasingly facing challenges arising from fake news, misinformation and the misuse of information technology, he said.
The workshop saw MeitY call upon all stakeholders to follow standardised practices and include essential elements in notices to promote clarity, consistency and effective implementation. The programme was attended by officials from the Indian Crime Coordination Centre, Department of Legal Affairs and the Indian Army, among others. The event was necessitated by a need to promote a clear understanding of the IT Act's provisions, their application in ensuring responsible digital governance, and effective content management, MeitY said.
Source: EconomicTimes
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