Are The New Digital Regulations Unconstitutional?

IT minister Ravi Shankar Prasad unveiled new policies for social media and over the top (OTT) platforms.

The key takeaways from the policy are:

Offensive posts to be removed in 24 hours and the platforms have to appoint a Chief Complaint Officer.
The platforms will also have to provide information about the person who first posted the content.
The new guidelines will be implemented within three months.
Social media platforms upon being asked either by a court order or a govt authority will be required to disclose the first originator of mischievous tweet or message as the case may be.
This should be only in relation to sovereignty and integrity of India, the security of the state, public order, relations with foreign states, or rape, sexually explicit content etc.
For OTT, there should be self-classification of content — 13+, 16+ and A categories. There has to be a mechanism of parental lock and ensuring compliance that children don’t see that.
There will be a 3-tier mechanism to regulate social media

We discuss the issue with a Senior advocate of Supreme Court, Menaka Guruswamy to delve deep into the topic.


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