Social Media Firms Opposed to Employee Liability Under IT Rules: Study

Social media firms have expressed robust objection to the supply to carry chief compliance officers personally chargeable for failing to satisfy norms underneath the IT Rules as it might result in elevated censorship by the platforms, an business research stated on Monday. The IT Rules of 2021 mandate social media platforms to nominate a Chief Compliance Officer (CCO) who shall be liable for guaranteeing compliance with the IT Act and guidelines.

The CCO shall be liable in any proceedings referring to any related third-party data, information or communication hyperlink made obtainable or hosted by the social media platform the place she/ he fails to make sure that such middleman observes due diligence.

According to the joint research by The Dialogue and IAMAI, this provision might also affect India’s picture as a propitious enterprise vacation spot and deter international traders from investing within the nation to keep away from the extra problem of recruiting after which guaranteeing the safety of their staff from potential prison sanctions.

“…personal liability of the Chief Compliance Officer was strongly opposed by the majority of the intermediaries interviewed. Majority of the lawyers noted that despite the need for effective reporting lines between the intermediaries and the government, subjecting individual employees to criminal liability is both unnecessary and disproportional,” the research stated.

The Dialogue and IAMAI interviewed a complete of 82 stakeholders, together with social media companies and startups, as a part of the research.

“Personal liability for employees may lead to increased censorship, where the threat to employee safety would compel the platforms to always err on the side of caution, thus potentially over censoring content,” the research stated.

The Ministry of Electronics and IT has issued a draft modification to the IT Rules of 2021 the place it has proposed to arrange a panel that may override the choices of social media platforms. It has invited feedback from stakeholders on the modification by July 6.

“The study has been done to take feedback from the intermediaries. We will make a submission before the government based on feedback received from the intermediaries,” The Dialogue founding director Kazim Rizvi stated.