Nepal: There is uproar in Nepal over social media ban; Know what are the laws for Facebook, YouTube, Instagram in India..

In Nepal, protests have erupted due to the ban on all small and large social media platforms like Facebook, Instagram, and YouTube. In protest against the ban, youth protests are going on in many cities and areas of Nepal, due to which an emergency-like situation has arisen. The government says that many social media platforms were banned in Nepal because they were not following the rules made by the government and were running without registration.

This is why social media was banned in Nepal.

According to the Nepal government, the last deadline for non-registered platforms was set as Wednesday (September 3), but many apps and sites did not get themselves registered, after which most of the websites and apps became out of reach of the people. Many social media platforms were also accused of showing foreign advertisements on their platforms without hindrance.

Why is regulation necessary?

Almost every country makes laws according to its own to regulate social media platforms. If seen, it is also necessary to regulate these platforms, so that content spreading violence, obscenity, or misinformation can be stopped and the safety of every citizen using them is ensured. Many laws have also been made to regulate social media in India. So let's know which laws apply to social media platforms in India.

What are the laws in India?

Social media companies are called "intermediaries" because they are a means of sharing content among users. If a platform has more than 50 lakh users in India, then it is considered a big social media company. In India, users of all major platforms like Facebook, Instagram, and YouTube are in crores. Therefore, the Government of India has made strong laws to regulate these platforms. Social media platforms in the country are mainly regulated by three laws, including the Information Technology Act 2000 (IT Act), IT Rules 2021, and Digital Personal Data Protection Act 2023 (DPDP Act). These rules make companies responsible. If they do not follow the rules, they may face punishments like heavy fines, jail, or closure of the platform. Let us understand their complete information in simple language...

1. Information Technology Act 2000 (IT Act, 2000)
This is the first major law to regulate the Internet and digital platforms in India.

Under Section 79, social media companies get "safe harbor" (legal protection). This means that if a user has posted objectionable or illegal content on the platform, then the responsibility does not fall directly on the company.

But this protection is only as long as the company continues to follow the rules made by the government. If the rules are broken, this protection ends, and legal action can be taken against the company.

2. IT Rules, 2021
In February 2021, the government implemented the IT Rules 2021. This was a very important change for social media companies. Platforms with more than 50 lakh users were considered Significant Social Media Intermediaries; that is, they were given the status of large platforms, and strict provisions were applicable to them.

Under this, companies will have to appoint three officers in India, which will include the Chief Compliance Officer, Nodal Contact Person, and Resident Grievance Officer (Grievance Redressal Officer).

It is mandatory to respond to any complaint within 24 hours and resolve it within 15 days.

A transparency report will have to be issued every month, which will contain details of complaints and removed content.

It has been made mandatory to remove objectionable and sexually exploitative content within 24 hours.

Companies will have to keep the record of content and user data safe for 180 days.

In serious cases, the government agency will have to provide necessary information within 72 hours.

3. Digital Personal Data Protection Act, 2023 (DPDP Act, 2023)

This law ensures the security and privacy of user data. Companies are allowed to collect and use data only with the consent of the users.

Heavy fines can be imposed for misusing the data or in case of a data breach.

Provisions for action against companies for non-compliance

Disadvantage of Safe Harbor: If companies do not follow the rules, they will not get the protection of Section 79. This means that they can be held responsible for the content on the platform.

Heavy penalty: Under the DPDP Act, 2023, a fine of up to Rs 250 crore can be imposed for violating data protection rules.

Legal action and sanctions: The government can issue notices to companies, limit or shut down their services, and in serious cases, criminal action is also possible.

Operational pressure: Companies have to bear expenses like appointing offices and officers in India, issuing transparency reports, and keeping data on local servers. Non-compliance may make it difficult for them to operate in India.

Operational pressure: Companies have to bear expenses like setting up offices and officers in India, issuing transparency reports, and keeping data on local servers. Failure to comply may make it difficult for them to operate in India.

Stricter rules than ever have been imposed on social media companies in India. These rules have been implemented for the safety of users, data protection, and transparency. However, many experts believe that these provisions may affect the privacy and freedom of expression of users.

Disclaimer: This content has been sourced and edited from Amar Ujala. While we have made modifications for clarity and presentation, the original content belongs to its respective authors and website. We do not claim ownership of the content.