Govt plans IT Act changes to allow shutdown of apps, sites

Source: Times of India dated 02.01.2018

Pankaj.Doval@timesgroup.com

New Delhi:
The government plans to amend the IT law to increase penalty on apps and websites that are unable to control fake news and child pornography. Amendments will include an extreme provision of taking down apps and websites in violation.

The move comes days after senior officials of the IT ministry met representatives from top social-media and internet companies and sought views on proposed rules that would help trace the origin of unlawful content. This is one of the key areas of dispute between the government and companies.

“We need accountability and power to heavily penalise the companies in case of violations, or refusal to cooperate,” a senior government official told TOI. The amendments could potentially impact the operations of popular services like WhatsApp, Facebook, Google, Twitter and Telegram. Some of these services have had differences with the government over the issue of tracing origins of content that is fake, scope of encryption, content deemed interfering with politics and elections, spread of child abuse and revenge porn.

The Centre had carried out an exercise last year to determine whether blocking websites and apps was technically feasible, if telecom companies and online service providers were asked to do so. The issue is still being discussed. “Even the penalties we have under the IT Act are not sufficient,” another official said. “These need to be revised. Many global companies have high turnovers and relatively-small penalties may not be a sufficient deterrence. We are taking a cue from the penalty proposals in the data protection bill,” the official added.

Very little in IT law to tackle fake news, say experts

The data protection bill, finalised by the government, proposes the maximum penalty at Rs 15 crore or 4% of the worldwide turnover of the violator, whichever is higher.

Cyber law experts say that there is very little in the IT law to tackle the fake news phenomenon. “We do not have any law to take the companies to task on this issue. They can be proceeded against only under the Indian Penal Code provisions, and not as per the IT Act,” says Puneet Bhasin, a cyber law expert. “We do require stricter laws and effective enforcement, including having data localisation,” Bhasin adds.

Law and IT minister Ravi Shankar Prasad had told the Rajya Sabha in July last year that rules are required to ensure that internet platforms do not become vehicles to commit crime, incite hatred, provoke terrorism, extremism and promote moneylaundering.

The minister also said the government was looking at regulating the services of foreign internet companies operating in India to make them accountable to Indian laws and