Left Menu
Development News Edition

Nasscom says clarity required on traceability clause in amended IT rules

Nasscom says clarity required on traceability clause in amended IT rules
Image Credit: Flickr

IT body Nasscom has said the traceability requirement being proposed under the amended IT rules appear to be in "contravention" to the right to privacy, and called for a "holistic re-look" as well as further detailing on the entire issue. The comments come in response to the changes proposed by the government in IT (Intermediary Guidelines (Amendment) Rules, 2018 that will tighten noose around Internet platforms, and raise their accountability in the backdrop of spread of fake news on social media outlets.

"This requirement appears to be in contravention of the right to privacy which was recognized as a fundamental right by the SC... We suggest that the requirement to enable tracing the originator of content does not appear to meet the tests of necessity and proportionality and should be deleted," Nasscom said in its submission.

In a separate statement, Nasscom Wednesday also advised against a generalised approach to classify 'intermediaries' - entities offering services through digital platform. These include companies ranging from messaging apps, social networking platforms, fintech apps as well as other Internet-led businesses.

The IT body argued that distinction needs be made in the "magnitude of oversight" and due diligence that such platforms undergo since "not all of them enable users to share content with others or make it available to the public". It explained that several intermediaries involved in business-to-business roles do not fit in the concerns around fake news. Also, many platforms - like payment based firms and telecom companies - are already regulated by entities like the Reserve Bank of India and the telecom department and norms that are even more stringent than the Intermediary Guidelines 2011.

"A distinction needs to be made in terms of the magnitude of oversight that is applied to such entities and the diligence that must be imposed on them accordingly," Nasscom said. Asserting that a holistic re-look is required on the issue, Nasscom said it needs to be kept in mind that the purpose of the guidelines "is to provide due diligence requirements to avail safe harbour and nothing more".

The industry body has also requested for procedural safeguards, and asked for specifications on which government entity can pass the order, along with a specific reason to be provided for any takedown requests. In its recommendations, Nasscom said it is imperative that such safeguard be built into the Intermediary Guidelines 2011 to ensure transparency, given that any takedown request is likely to have an impact on the right to freedom and speech and expression.

The body said it will continue to actively work with the government on formalising these guidelines and creating an optimal framework that can be conducive for the industry at large. The government had sought public feedback on the proposed changes in IT rules, and the last date for submission of the comments by stakeholders was January 31.

In its response, the Cellular Operators' Association of India (COAI) had said the draft amendment proposes changes that could be "detrimental" to citizens, democracy and free speech. "The amendments pose several critical impediments to the right to privacy of individuals...," the COAI said. It rued that lack of clarity in the proposals could result in "onerous obligations" that are likely to potentially drive several intermediaries out of business in India and preclude the possibility of new intermediaries developing in the future.

(With inputs from agencies.)

Download The Devdiscourse News App for Latest News.



Future of Food: Technology fostering the road to global food security

Technological innovation can help address most of the pressing issues facing the world today including food security by enhancing productivity, improving financial services, managing resources, addressing environmental concerns, etc....

Conspiracy theories on COVID 19: Legislators, Scientists, and Journalists all joined the Caravan

Conspiracy theories are not new for virus epidemics. There have been conspiracy theories on HIV-AIDS, Polio Vaccines, Ebola Virus, and several other diseases as well. However, what makes the 2019 Novel Coronavirus different from others is ...

Now it’s a war, Uganda deploys army to combat locust swarms

Its for the first time after 1986, the locust swarms have attacked Uganda twice in a season. With the increasing number of countries of Africa under attack by locust swarms, the problem seems to have taken a regional paradigm. Its very diff...

Top 10 Fake News, Myths and Realities on 2019 Novel Coronavirus COVID 19

With nearly 1500 deaths by January 14 and around 65,000 infections in China, the Novel Coronavirus 2019 has become one of the worst health epidemics of the 21st Century. However, 8,573 people have been cured but the rumor mongers are a...


Latest News

Tax increases and curtailing wage bill interventions expected in Budget 2020

A raft of tax increases and curtailing the public sector wage bill are just some of the interventions anticipated to be announced by Finance Minister Tito Mboweni when he delivers the 2020 Budget.Amid South Africas precarious economic state...

UPDATE 2-Turkey-backed rebels say they've seized town in Syria's Idlib in first advance

Syrian rebels backed by the Turkish military have seized the town of Nairab in northwest Syrias Idlib, Turkish and rebel officials said on Tuesday, the first area to be taken back from Syrian government forces advancing in the province. Syr...

Bangladesh's Nayeem spins Zimbabwe to heavy Test defeat

Dhaka, Feb 25 AFP Spinner Nayeem Hasan claimed a match haul of nine wickets as Bangladesh thrashed Zimbabwe by an innings and 106 runs inside four days in the one-off Test on Tuesday. The big victory in Dhaka ended a six-match losing streak...

Maha: ''Godman'' held for raping woman, molesting minor sisters

A godman was arrested for allegedly raping a woman and molesting her four sisters,including two minors, on the pretext of conducting a ritual to help them conceive and find a hidden treasure in their housein Pimpri-Chindwad here, police sai...

Give Feedback