Latest news with #InformationTechnology(IntermediaryGuidelinesandDigitalMediaEthicsCode


The Hindu
3 days ago
- Politics
- The Hindu
Digital rights group moves HC against Delhi Police takedown powers
Digital rights advocacy group, Software Freedom Law Centre ( has filed a petition in the Delhi High Court challenging a recent notification by the Lieutenant-Governor (L-G) of Delhi that empowers the city's police to issue takedown notices for online content. The notification designates the Delhi Police as the 'Nodal Agency' under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 – a move claims lacked legal authority. In its plea, the organisation argues that empowering police officers to issue unilateral takedown orders without judicial oversight is arbitrary and violates due process. The petition underscores the distinction between the investigative role of a police officer and the regulatory power to issue takedown notices under Section 69A of the Information Technology Act, 2000. 'Conflating these two distinct functions – investigation of offences and regulation of speech – results in a constitutionally impermissible overlap,' the plea said. The petition asserts that only the Central government, under Section 69A of the IT Act, has the statutory authority to issue content takedown directives. The court on Wednesday directed the Office of the L-G and the Ministry of Electronics and Information Technology to submit their replies within six weeks. The matter has been listed for further hearing on September 17.


India Today
15-05-2025
- Entertainment
- India Today
Pakistani songs pulled down from Spotify after Indian government advisory
On Wednesday, May 14, Pakistani songs were taken down from Spotify in response to a government advisory. Popular tracks like 'Maand', 'Jhol', 'Faasle', and others are no longer available on the May 8, the Government of India issued an advisory instructing all OTT platforms, media streaming services, and digital intermediaries to remove web series, films, songs, podcasts, and other media content originating from advisory was issued under Part II of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. It reminded publishers and intermediaries of their responsibility to ensure that hosted or streamed content does not compromise India's sovereignty, integrity, national security, or public ministry highlighted that numerous terror attacks in India have had cross-border connections involving both state and non-state actors from Pakistan. Citing the April 22 Pahalgam attack, which claimed the lives of several Indian citizens and one Nepali national, the government emphasised that the advisory was issued in the interest of safeguarding national security."OTT platforms, media streaming platforms, and intermediaries operating in India are advised to discontinue the web series, films, songs, podcasts and other streaming media content, whether made available on a subscription-based model or otherwise, having their origins in Pakistan with immediate effect," the advisory Pakistani actors Mawra Hocane and Mahira Khan's images were removed from the posters for their films 'Sanam Teri Kasam' and 'Raees'.


The Hindu
10-05-2025
- Business
- The Hindu
Is safe harbour important for social media?
The story so far: In written submissions to the Parliamentary Standing Committee on Communication and Information Technology, the Union Ministry of Information and Broadcasting said that it is reconsidering the concept of safe harbour for social media platforms, to combat the issue of 'fake news' online. What is safe harbour? Safe harbour is a legal concept that protects individual websites that allow third party users to share content from legal liability for any unlawful posts. The concept was put in place in the early years of the internet as a key safeguard to encourage innovation online and prevent website owners from being unfairly hounded for content they had no hand in publishing. The concept of a middleman being responsible for third party content is known as intermediary liability, and safe harbour protects sites, by default, from any criminal action for content hosted by them. In the U.S., safe harbour is enshrined in Section 230 of the Communications Act of 1934, inserted into the decades-old law in 1996. In India, Section 79 of the Information Technology Act, 2000, grants intermediaries similar protections. The protections are not without conditions. In India, if an intermediary receives 'actual knowledge' of illegal content on their website, they lose liability protections under Section 79 if they don't work to take the content down within a certain time period. The Supreme Court has read down 'actual knowledge' to mean a court order or government notification. Without safe harbour protections, online intermediaries could face tremendous consequences for illegal content. For instance, in 2004, the then head of the website eBay in India was arrested because of a user listing of a disk containing child sex abuse material for sale. How are intermediary liability protections regulated in India? While safe harbour does have the conditions described above, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 has put in place additional conditions for platforms to retain protection from intermediary liability. Social media firms need to have a nodal officer, a grievance officer resident in India, and need to periodically submit reports of complaints they receive on content, and action taken against them for this. Different parts of the IT Rules have been challenged in courts in the last few years. For example, in 2023, the Union government notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023, which contained provisions that would strip safe harbour from sites for content that has been notified as 'fake news' by the Press Information Bureau's fact check unit. That amendment was immediately challenged in the Bombay High Court, among others by the comedian Kunal Kamra. Petitioners accused the government of exceeding its authority by designating a fact check unit that could be an arbiter of truth, and putting pressure on social media companies to take content down without following the longer process of sending a notice to users whose content is being removed. The Bombay High Court sided with Mr. Kamra, and the case is being appealed by the government. Why is the government considering amending the safe harbour clause? The government has accused foreign social media platforms of flouting Indian laws and acting too slowly on takedown notices. On multiple occasions before Elon Musk acquired Twitter, now known as X, the platform had public confrontations with the Union government regarding orders to hide users' content. X under Mr. Musk has continued to fight the government's right to issue blocking and takedown orders without notice to users at the Karnataka High Court. The Union government has pitched amending safe harbour as a way to get platforms to be more proactive in governing their sites, not just for what they deem to be misinformation, but for AI-generated deepfakes, cyberfrauds and so on. In the U.S., both former President Joe Biden and current President Donald Trump have taken aim at Section 230 for different reasons — Mr. Biden's White House sought to weaken safe harbour protections as a way to make platforms more liable for extremist content, and Mr. Trump for the alleged silencing of conservative voices. The Ministry of Electronics and Information Technology has indicated that it would draft a Digital India Act (DIA) that would incorporate these changes, but the outlines of how safe harbour would change under this proposed law have not yet been revealed. Moreover, no DIA draft law has been released yet.


News18
10-05-2025
- Entertainment
- News18
Sooraj Pancholi Explains Why Pakistani Actors Must Not Be Allowed In Bollywood
Last Updated: Sooraj Pancholi says India has enough actors of its own and therefore does not need any support of Pakistani artists. Pakistani actor Fawad Khan's Bollywood comeback isn't happening. While he was gearing up for his return to Bollywood with Abir Gulaal, a terror attack in Pahalgam resulted in a complete ban on Pakistani artists in India. It has already been revealed that Abir Gulaal, also co-starring Vaani Kapoor, will not be released in India. While Bollywood actors have also come out in support of their nation, Sooraj Pancholi has also explained why Pakistani actors must not be allowed in the Indian film industry. In a recent interview, Sooraj Pancholi argued that India has enough actors of its own and therefore does not need any support from Pakistani artists. He also stated that while Pakistani actors get money from India, they pay taxes in their country, which is then used to make arms and ammunition. 'I think we have enough actors over here. Also, if actors are coming in from there and they are getting paid by us and going back and paying taxes in their country, the same taxes are being used to make bullets. The same tax money is used for ammunition. Why are we paying for their bullets? I see it like that. When the time is right, hopefully, one day, when peace will prevail, we'll make movies together. But when peace isn't there, it can't happen," he told Bollywood Bubble. Meanwhile, the Government of India also issued an advisory to OTT platforms, media streaming services, and intermediaries regarding content originating from Pakistan. All streaming platforms have been advised to discontinue Pakistan-origin content, including films, web series, songs, and podcasts, with immediate effect. The advisory references the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, highlighting that publishers must avoid content that affects India's sovereignty and integrity. First Published:


Hindustan Times
09-05-2025
- Entertainment
- Hindustan Times
After social media crackdown, India also bans Pakistani web series, movies, and songs on OTT; everything to know
Following the deadly terror attack in Pahalgam, Jammu and Kashmir, that left several Indian civilians and a Nepali national dead, the Indian government has ramped up its digital crackdown on Pakistani figures and content. As part of the response, Instagram accounts of several prominent Pakistani celebrities — including actors Hania Amir, Ali Zafar, and Mahira Khan — have been blocked from public access within India. Further escalating the pressure, the government on May 8 issued a formal advisory to all OTT platforms and digital streaming services, instructing them to immediately remove any web series, films, music, podcasts, or other content that originates from Pakistan. The advisory, framed under the IT Rules, 2021, cites national security concerns and aims to prevent the dissemination of content deemed harmful to India's sovereignty or public order. The advisory, issued under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, cites national security concerns as the primary reason for the ban. It applies to all forms of digital content — films, series, music, podcasts, and more — whether available freely or through paid subscriptions. 'In the interest of national security, all OTT platforms, media streaming platforms and intermediaries operating in India are advised to discontinue the web-series, films, songs, podcasts and other streaming media content, whether made available on a subscription based model or otherwise, having its origins in Pakistan with immediate effect,' read the advisory dated 8 May. While the directive is advisory in nature and not legally binding, it reinforces the government's expectation that platforms comply with Rule 3(1)(b) of the IT Rules, which mandates efforts to prevent content that could threaten India's sovereignty or international relations. Major platforms such as Netflix, Amazon Prime Video, Disney+ Hotstar, YouTube, and Spotify are now expected to review and potentially remove Pakistani-origin content in accordance with the advisory. Previously, the All India Cine Workers Association (AICWA) had sharply criticised Pakistani actors such as Fawad Khan and Mahira Khan for what it described as 'anti-India' remarks following Operation Sindoor, claiming the actors publicly denounced India's military response to the recent Pahalgam terror attack, which killed several civilians. 'These statements are not only offensive to our country, but they also belittle the sacrifices made by innocent civilians and our armed forces. AICWA maintains a complete and unwavering ban on all Pakistani artists, producers, and financial collaborators within the Indian entertainment industry. Indian professionals will not engage with Pakistani talent or share any public or global platform with them,' the statement said. The move aligns with broader digital restrictions that followed the Pahalgam attack. Authorities had earlier blocked access to 16 Pakistan-linked YouTube channels, including those of news outlets and journalists. Platforms also removed the YouTube channels of Pakistan's Prime Minister Shehbaz Sharif and sports figures like Shaheen Afridi and Shoaib Malik from Indian viewership.