Court with NBA on new IT law: Kerala High Court said – Even if the News Broadcasters Association does not implement the law, strict action should not be taken at the moment

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  • New IT Rules vs. News Broadcasters | NBA Challenge Official Digital Media Rules in Kerala High Court

Thiruvananthapuram3 minutes ago

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The Kerala High Court has favored the News Broadcasters Association (NBA) regarding the new IT laws implemented in the country this year. The court said that if the NBA is unable to enforce these laws, then no punitive or coercive action should be taken against it for the time being.

3 arguments in NBA court
1.
The NBA said enforcing these rules would give government officials the power to unreasonably and unfairly impose restrictions on the media’s freedom of speech and expression.
2. The new IT laws also violate Article 14 of the Constitution i.e. equality before law and Article 19 i.e. freedom to choose any profession.
3. This monitoring mechanism will give the authorities the power to unbridled restrictions on the content of digital news media.

What’s in the new laws?
The Ministry of Electronics and Information Technology (MEITY) had issued new IT rules on February 25, 2021, which have been implemented from May 25. In the new rules, many important things have been said for IT companies like Twitter, Facebook, WhatsApp, Google, Instagram, YouTube and others. If the companies do not accept these things, then the intermediaries from the government will end.

  • Social media platforms that have more than 5 million users will have to have a Chief Grievance Officer, a Nodal Officer and a Chief Compliance Officer. All of them must be residents of India.
  • Companies will have to clearly specify the complete details of the Gravity Officer and the way to contact them. That is, the contact number of the officer, the process of making a complaint will have to be told.
  • Confirmation of receipt of user’s complaint has to be done within 24 hours. It has to be resolved within 15 days. If the user has objected to the content, then it will have to be removed within 36 hours. Content containing pornography and nudity must be removed within 24 hours.

Twitter lost its legal shield
All is not well in India for microblogging platform Twitter. Twitter has now lost its legal shield to third party content. That is, he will not be given any kind of security from the government regarding the content. In simple words, now action can be taken against Twitter under IPC sections. Twitter itself is responsible for this situation.

This action on Twitter has been taken because of disobeying the new rules. Actually, all IT companies have to appoint some officers in India, but Twitter did not follow the guideline.

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