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New Delhi:
BJP MP Tejasvi Surya on Wednesday raised the problem of social media platforms like Twitter and Facebook allegedly arbitrarily censuring content material posted by customers, particularly these with a “nationalistic approach” and sought authorities intervention for cover of such content material.
Raising the problem throughout Zero Hour in Lok Sabha, Mr Surya mentioned for a very long time there have been many “credible” allegations made towards Twitter, Facebook and their associates of “arbitrary and unilateral regulation and censuring” of content material posted by third celebration customers, particularly these with a “nationalistic approach”.
“This poses a significant constitutional challenge not only on the grounds of unreasonable restriction of free speech but also amounts to illegal interference during elections,” he mentioned.
The MP mentioned Facebook, Twitter and related platforms declare themselves to be intermediaries inside the which means of the time period underneath the IT Act, 2000.
He mentioned the important thing ingredient of this definition is that the function of the mentioned intermediaries is restricted to processing, storing and transmitting information of third celebration customers and doesn’t embody intervention on content material of the customers.
Therefore, Section 79 of the Act supplies these intermediaries exemption from legal responsibility. An middleman receives safety {that a} common writer doesn’t obtain, he mentioned.
Mr Surya mentioned whereas that is the express spirit of the statute, the Information Technology (Intermediary Guidelines) Rules, whereas laying down what kind of third celebration content material have to be prohibited by the privateness coverage and phrases and circumstances of the middleman, goes far past the remit of Article 19(2) of the Constitution learn with Section 79 and 69 of the IT Act.
Article 19(2) of the Constitution authorises the federal government to impose, by regulation, cheap restrictions upon the liberty of speech and expression “in the interests of… public order”, whereas part 69 of the IT Act permits the federal government to intercept any data and ask for data decryption.
Mr Surya mentioned the rules primarily empower personal celebration intermediaries to take away on the premise of person complaints or suo moto any content material deemed to be in violation of its tips.
He mentioned these tips usually are not solely extremely vires the dad or mum statute but additionally unconstitutional because the grounds they supply are too broad and can fail the requirements of constitutionality set out by the Supreme Court within the Shreya Singhal case whereas placing down Sec 66A of the IT Act (which offered police the ability to arrest an individual for posting “offensive” content material on-line).
The tips are problematic as a result of they empower personal enterprises performing primarily a public operate to behave as censors of free speech with out authorities oversight, thus successfully and severely impacting safeguards of the basic proper to free speech, he mentioned.
“I therefore urge the government to repeal such unconstitutional guidelines and issue new ones to govern social media platforms, thereby protecting the fundamental right to free speech of our citizens and protect our democracy from foreign interference,” he mentioned.
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