India's New Social Media Regulations: Compliance Check

India Presses Social Media Firms on IT Rule Compliance

The Indian government has requested that social media companies submit an update regarding their adherence to the recently implemented IT rules. This request was made with urgency, asking for the information “as soon as possible” and “preferably today,” despite ongoing legal challenges to the regulations, notably from WhatsApp.

Compliance Status Sought

A communication from the Ministry of Electronics and Information Technology was directed to what New Delhi designates as “significant social media intermediaries.” This classification applies to platforms with over 5 million registered users within India. The ministry is seeking details on which of their applications, websites, and services fall under the purview of the new IT rules.

The letter, reviewed by TechCrunch, also requests the names and contact information of key personnel appointed to ensure compliance. This includes the chief compliance officer, nodal contact person, and resident grievance officer, alongside the physical address of their Indian offices. These appointments are mandated by the rules, which were initially unveiled in February.

No Extension Anticipated

The communication suggests that no extension to the compliance deadline, which concluded on Wednesday, will be granted. It explicitly states that the enhanced due diligence requirements for significant social media intermediaries have taken effect, following a three-month grace period initially provided for compliance.

Firms not classified as significant social media intermediaries are also being asked to justify their categorization, including providing registered user numbers for each service they offer. The government retains the right to request further information as permitted by the rules and the IT Act.

WhatsApp’s Legal Challenge

Earlier on Wednesday, WhatsApp initiated legal proceedings against the Indian government, contesting the new regulations. The company argues that these rules could enable authorities to track private messages and facilitate widespread surveillance, impacting the privacy of its users.

Escalating Tensions

Over recent months, a period of increasing friction has characterized the relationship between American technology companies and the Indian government. Previously, Twitter declined to block accounts expressing criticism of New Delhi and Prime Minister Narendra Modi.

Furthermore, the government issued directives last month requiring Facebook, Instagram, and Twitter to remove content critical of Modi’s management of the coronavirus pandemic. Last week, objections were raised regarding Twitter’s labeling of tweets from certain Indian politicians as “manipulated media.” Subsequently, Delhi police visited Twitter offices to deliver a notice related to an investigation concerning the classification of politicians’ tweets.

Advocacy for User Rights

The Internet Freedom Foundation (IFF), a New Delhi-based digital rights advocacy group, released a statement expressing concerns about the policies of major technology companies. They stated that platforms like Facebook, Twitter, Instagram, WhatsApp, and Google frequently implement policies that negatively impact millions of Indians.

IFF believes the Intermediaries Rules fail to address existing issues, contain fundamental procedural and substantive flaws, and ultimately compromise user rights and stifle innovation. They advocate for a path guided by expertise and aligned with the values enshrined in the Indian constitution.