The Ministry of Electronics and Information Technology (MeitY) on October 6 issued notices to social media platforms X (formerly Twitter), Youtube and Telegram, directing them to remove Child Sexual Abuse Material (CSAM) from their platforms on the Indian internet.
Non-compliance with these notices may result in loss of safe harbour protection that social media platforms enjoy under the Sec 79 of the IT Act, according to a press release from the government's Press Information Bureau. A loss of safe harbour would imply that platforms would be liable for third party content published on the platform.
These notices from MeitY stated that non-compliance with these requirements will be deemed a breach of Rule 3(1)(b) and Rule 4(4) of the IT Rules, 2021.
The notices emphasize the importance of prompt and permanent removal or disabling of access to any CSAM on their platforms. They also call for the implementation of proactive measures, such as content moderation algorithms and reporting mechanisms, to prevent the dissemination of CSAM in the future.
Minister of State for Electronics & Rajeev Chandrasekhar said: “We have sent notices to X, Youtube and Telegram to ensure there are no Child Sexual Abuse Material that exist on their platforms. The Government is determined to build a safe and trusted internet under the IT rules. The IT rules under the IT Act lays down strict expectations from social media intermediaries that they should not allow criminal or harmful posts on their platforms. If they do not act swiftly, their safe harbour under section 79 of the IT Act would be withdrawn and consequences under the Indian law will follow.”
The Information Technology (IT) Act, 2000, provides the legal framework for addressing pornographic content, including CSAM. Sections 66E, 67, 67A, and 67B of the IT Act impose stringent penalties and fines for the online transmission of obscene or pornographic content.
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