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Q. 3) Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 put an obligation to ensure traceability. What are the implications of the traceability of the originator of information on social media platforms for the user and the intermediaries providing messaging functions? (10 Marks)

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Swatantra

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“Mentor’s Comments”

  • https://www.thehindu.com/opinion/op-ed/power-play-to-bring-the-digital-ecosystem-to-heel/article34693088.ece
  • In the intro, mention the new IT Rules 2021 mandating certain obligations from the social media platforms.
  • In the body, mention the role of end-to-end encryption in protecting the privacy of the user as these messages are difficult to intercept and decrypt. Traceability of the message without ending end-to-end encryption is difficult. So, to comply with the rules end-to-end encryption offered by the social media platform may no longer be possible. It harms the interest of user and the social media platforms as well.
  • Conclude by mentioning the need for legislative changes in the IT Act 2000 with adequate protection and compliance with the K.S. Puttaswamy judgement.

Comments

49 responses to “Q. 3) Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 put an obligation to ensure traceability. What are the implications of the traceability of the originator of information on social media platforms for the user and the intermediaries providing messaging functions? (10 Marks)”

  1. Vishal Nagle Avatar
    Vishal Nagle

    Ref id 422329

    1. Swatantra Avatar
      Swatantra

      Vishal

      Your answer is decent, but it misses out on certain points. While talking about traceability, write that it is difficult to ensure without ending end-to-end encryption which in turn will harm privacy.

      Also mention some negative impacts on the user- it might compromise the privacy and security of all individuals at all times, despite no illegal activity on their part, and would create a presumption of criminality.
      You can also mention misuse of the provision by the state might lead to stifling of dissent which is harmful for democracy. Basically, try to mention as many angles in your answer as you can.

      Mention how the government has focused on security over privacy, and shifted the onus of maintaining privacy totally on the intermediaries.

      Conclude by saying rules should comply with the 3 tests laid out in puttaswamy judgement, also srikrishna committee draft data protection law can be mentioned, mentioning these enhances the quality of your answer and shows to the examiner you are aware of judgements and committees in this context.

      Well attempted though. Keep writing.

  2. Rahul Kumar Avatar
    Rahul Kumar

    Payment id- pay_HHfL00yH7yO4Mb

    1. Swatantra Avatar
      Swatantra

      Rahul

      You have written a good answer- covered more or loss all dimensions. The introduction and impacts on user have been written well.
      You can add some positives to make the answer multi-dimensional such as- might lead to decrease in rumor mongering on digital platforms, will decrease hateful posts on the basis of gender, caste, religion etc

      While mentioning impact on intermediaries you can mention, how the govt has shifted onus of privacy on them and gone for security over privacy, it might increase financial costs for the intermediaries. Other points are good.

      Conclusion is okay, you can mention about srikrishna committee draft data protection law, or the need to bring a brand new law in parliament rather than repeatedly using delegated legislation to make laws.

      Overall, you have made a good attempt. Keep writing.

  3. subhashree mallick Avatar
    subhashree mallick

    pay_HH1EGxOD3EGEhl

    1. Swatantra Avatar
      Swatantra

      Subhasree,

      Your introduction is good, you have explained well. Reference to cases are also good.They will give you extra marks.

      However, you have skipped one part of the question i.e. impact of the rule on intermediaries. You can use points such as- financial burden increase, need to re engineer technology for Indian market, onus of privacy totally shifted on private players etc

      While writing impact on user, you have written good points, also you can mention Article 19,21 of the constitution- that will convey more and you can cut down on explanation.
      You can add some positives to make the answer multi-dimensional such as- might lead to decrease in rumor mongering on digital platforms, will decrease hateful posts on the basis of gender, caste, religion etc

      Conclusion is okay, you can mention about srikrishna committee draft data protection law, or the need to bring a brand new law in parliament rather than repeatedly using delegated legislation to make laws.

      Keep writing. Try to attempt all parts of the question.

  4. Kartikey Singh Avatar
    Kartikey Singh

    Payment Id – pay_HHogiMPYpQ87sC

    1. Swatantra Avatar
      Swatantra

      Kartikey

      You have understood the core demands of the question and written accordingly. That’s good. You can do value-addition to such answers now, to get extra marks.

      Mention Article 19,21. Write how misuse by the state can stifle dissent and impinge on freedom of speech and expression. On the other hand, to make the answer multi-dimensional, you can use some points such as- might lead to decrease in rumor mongering on digital platforms, will decrease hateful posts on the basis of gender, caste, religion etc

      Mention about Srikrishna committee draft data protection law, also you can mention cases like LIC of India vs Manubhai D Shah in which the court had batted for freedom to circulate views.

      The structure of the answer is good, no need to change it, just insert some of these points at respective places.

      Keep writing.

  5. Deepanshu Singh Avatar
    Deepanshu Singh

    Razorpayment ID: pay_HH1ukgfngo01Dy
    Please review

    1. Swatantra Avatar
      Swatantra

      Deepanshu,

      You have written a well structured answer. Some issues-
      Explain in one line what the new rules propose in introduction-basically about traceability clause
      Mention Article 19,21. Write how misuse by the state can stifle dissent and impinge on freedom of speech and expression.
      You can add some positives to make the answer multi-dimensional such as- might lead to decrease in rumor mongering on digital platforms, will decrease hateful posts on the basis of gender, caste, religion etc

      Rest of the points are good.

      Conclude by saying rules should comply with the 3 tests laid out in puttaswamy judgement, also srikrishna committee draft data protection law can be mentioned, mentioning these enhances the quality of your answer and shows to the examiner you are aware of judgements and committees in this context.

      Read some other answers too. Keep writing.

  6. yash lahane Avatar
    yash lahane

    please review
    #0000422529

    1. Swatantra Avatar
      Swatantra

      Yash,

      Your introduction is good and points in the body are also good.Make the content a bit data rich. Mention about Article 19,21. Write how misuse by the state can stifle dissent and impinge on freedom of speech and expression.

      Also, you have totally missed the impact these rules will have on the intermediaries. That is a core part of the question. You can use points such as- financial burden increase, need to re engineer technology for Indian market, onus of privacy totally shifted on private players etc

      You have written a separate way forward and conclusion, that is good.

      Conclude by saying rules should comply with the 3 tests laid out in puttaswamy judgement, also srikrishna committee draft data protection law can be mentioned, mentioning these enhances the quality of your answer and shows to the examiner you are aware of judgements and committees in this context.

      Keep writing. Try to attempt all parts of the question.

  7. vamsidhar namburi Avatar
    vamsidhar namburi

    # 0000422551 (order ID)

    1. Swatantra Avatar
      Swatantra

      Vamsidhar,

      You have written a good answer and covered all parts of the question. Mention Article 19,21 at respective places.You can mention cases like LIC of India vs Manubhai D Shah in which the court had batted for freedom to circulate views.
      On impact of the rule on intermediaries,you can mention points such as- financial burden increase, need to re engineer technology for Indian market, onus of privacy totally shifted on private players etc

      You have written a separate way forward, that is good.

      Conclude by saying rules should comply with the 3 tests laid out in puttaswamy judgement, also srikrishna committee draft data protection law can be mentioned, mentioning these enhances the quality of your answer and shows to the examiner you are aware of judgements and committees in this context.

      Your understanding of the issue is good, just do value-addition in answer to improve. Keep writing.

  8. Sakshi Jain Avatar
    Sakshi Jain

    #0000417593

    1. Swatantra Avatar
      Swatantra

      Sakshi,

      You need to structure the answer better. No need to write all the rules. The question is about traceability provision specifically, so write govt passed the rules- traceability provision- will end end-to-end encryption- that harms user privacy and be done with it, it will save you word limit and space to answer the 2nd part of the question better.

      Write how it will impact user and intermediaries under separate sub headings.

      Mention some negative impacts on the user- it might compromise the privacy and security of all individuals at all times, despite no illegal activity on their part, and would create a presumption of criminality.You can add some positives to make the answer multi-dimensional such as- might lead to decrease in rumor mongering on digital platforms, will decrease hateful posts on the basis of gender, caste, religion etc
      Impact these rules will have on the intermediaries- financial burden increase, need to re engineer technology for Indian market, onus of privacy totally shifted on private players etc

      You have mentioned articles and judgements, that is very good. However, in puttaswamy case courts laid down 3 tests(including test of proportionality) which state is required to comply with. It cannot take them away, so be careful.

      Conclusion is okay, you can mention about srikrishna committee draft data protection law, or the need to bring a brand new law in parliament rather than repeatedly using delegated legislation to make laws.

      Give adequate space to all parts of question. Keep writing.

  9. shivanshu pandey Avatar
    shivanshu pandey

    0000416168 please check

    1. Swatantra Avatar
      Swatantra

      Shivanshu

      Your introduction and way forward is good. Some improvements you can make in the body part-
      Write separately impacts on users and impacts on intermediaries- mention article 19,21 in the answer. Also you can mention cases like LIC of India vs Manubhai D Shah, which talked about freedom to circulate views.
      You can add some positives to make the answer multi-dimensional such as- might lead to decrease in rumor mongering on digital platforms, will decrease hateful posts on the basis of gender, caste, religion etc
      Impact these rules will have on the intermediaries- financial burden increase, need to re engineer technology for Indian market, onus of privacy totally shifted on private players etc

      It is good you have mentioned puttaswamy judgement, srikrishna committee. You can make the way forward a bit crisp to adjust the above points.

      Overall, you have attempted well. Just keep writing.

  10. Deepali Rajan Avatar
    Deepali Rajan

    kindly review
    ref id: 0000430326

    1. Swatantra Avatar
      Swatantra

      Deepali

      Your introduction and points are good but add a bit of nuance to the statements. For e.g- don’t write statements like ‘Indian government does not believe in right to…’ , frame it better like govt has argued that privacy is not an absolute right as held by SC in puttaswamy case but any law/rule which harms privacy has to comply with 3 tests as laid down by the SC in the same case.

      You can mention impact on users and impact on intermediaries under separate headings. That will give more clarity to the answer. Mention about Article 19,21. Also you can mention cases like LIC of India vs Manubhai D Shah, which talked about freedom to circulate views.

      You have written a way forward, that is good.

      In conclusion, you can mention about srikrishna committee draft data protection law, or the need to bring a brand new law in parliament rather than repeatedly using delegated legislation to make laws.

      Also, try writing in 2 pages like exam. Keep writing.

  11. Vivek H Avatar
    Vivek H

    Answer to 3rd question

    Payment Id: 115213946268

    1. Swatantra Avatar
      Swatantra

      Vivek

      Your introduction is good and points in the body are also good.Make the content a bit data rich. Mention about Article 19,21. Also you can mention cases like LIC of India vs Manubhai D Shah, which talked about freedom to circulate views.

      You can add some points on the intermediaries- financial burden increase, need to re engineer technology for Indian market, onus of privacy totally shifted on private players etc

      Conclude by saying rules should comply with the 3 tests laid out in puttaswamy judgement, also srikrishna committee draft data protection law can be mentioned, mentioning these enhances the quality of your answer and shows to the examiner you are aware of judgements and committees in this context.

      You have understood the demand of the question. Do some value-addition of the answer.Keep writing.

  12. SUMITA DOWERAH Avatar
    SUMITA DOWERAH

    Payment Id
    pay HFrdyJMOEZ9967

    1. Swatantra Avatar
      Swatantra

      Sumita,

      You have written well, however try to write impact on user and intermediaries in a bit detail, that is an equal part of the question.Can give a separate sub-heading

      You can cut down a bit on points 1 and 2 that you have written by integrating them.You can add some points on the intermediaries- financial burden increase, need to re engineer technology for Indian market, onus of privacy totally shifted on private players etc

      Also you can mention about articles 19,21.You can add some positives to make the answer multi-dimensional such as- might lead to decrease in rumor mongering on digital platforms, will decrease hateful posts on the basis of gender, caste, religion etc

      Way forward is good.

      Your understanding of the issue is good, just give adequate space to all parts of question. Keep writing.

  13. Anupam Singh Avatar
    Anupam Singh

    Ref_id# 422544

    1. Swatantra Avatar
      Swatantra

      Anupam

      Your content is good, improve on the introduction part. Explain what is traceability and how it will hamper end to end encryption which in turn will impinge upon user privacy.

      In the body mention article 19,21–article 32 is not correct,right to privacy is under article 21. You can add some positives to make the answer multi-dimensional such as- might lead to decrease in rumor mongering on digital platforms, will decrease hateful posts on the basis of gender, caste, religion etc Rest of the points are good.

      Conclude by saying rules should comply with the 3 tests laid out in puttaswamy judgement, also srikrishna committee draft data protection law can be mentioned, mentioning these enhances the quality of your answer and shows to the examiner you are aware of judgements and committees in this context.

      Write about articles, judgements, committees etc These add immense value to the answer. Keep writing.

  14. Ehtasham al haque Avatar
    Ehtasham al haque

    REF ID: #pay_HHMjENrwUfXlzd

    Please review.

    1. Swatantra Avatar
      Swatantra

      Ehtasam,

      Your understanding of the issue is good, try to structure the answer better. Just write about the traceability part of the rules and how it hampers end to end encryption. No need to write other parts.

      You can club all points about privacy under one point and write it as one impact on user, otherwise it gets repetitive and eats up the word limit.Also you can mention cases like LIC of India vs Manubhai D Shah, which talked about freedom to circulate views. This will add value to the answer.

      Try to mention some impacts on the intermediaries, it is an integral part of the question. Points that can be used – financial burden increase, need to re engineer technology for Indian market, onus of privacy totally shifted on private players etc

      In conclusion, you can mention about srikrishna committee draft data protection law, or the need to bring a brand new law in parliament rather than repeatedly using delegated legislation to make laws.

      Try to stick to the word limit. Keep writing.

  15. Mradul sharma Avatar
    Mradul sharma

    Ref id – #0000422539. please review.

    1. Swatantra Avatar
      Swatantra

      Mradul

      Good answer. However, explain about traceability in the introduction(how it will hamper end to end encryption).

      Your presentation is good. Try to do value-addition. Mention articles 19,21. Also you can mention cases like LIC of India vs Manubhai D Shah, which talked about freedom to circulate views. You can add some positives to make the answer multi-dimensional such as- might lead to decrease in rumor mongering on digital platforms, will decrease hateful posts on the basis of gender, caste, religion etc Rest of the points are good.
      Regarding intermediaries, you can mention increase in financial burden, need to re engineer specifically for Indian market.

      Way forward is good. Try to end on a positive note,you can mention the need to bring a brand new law in parliament rather than repeatedly using delegated legislation to make laws.

      Keep writing.

  16. Utkarsha Yadav Avatar
    Utkarsha Yadav

    Payment Id pay_HHWzC2O9xhkaqA

    1. Swatantra Avatar
      Swatantra

      Utkarsha,

      You can follow a general thumb rule of writing 1.5 pages for 10 marker and 2.5 pages for 15 marker. You can go over the word limit by 10-15 words but try to stick to it. Also, don’t start writing irrelevant points just to fill pages. Use flowcharts, diagrams if you think you will cross the word limit by much. Also, 120-125 words of good to the point content is better than writing 180-200 words in a 10 marker. Similarly for 15 marker.

      In this answer,
      Your way forward is very good. (40-45 words)

      In introduction just write about what is traceability provision, how it will hamper end to end encryption which in turn will hamper privacy after the 1st line (30-35 words). No need to mention categorization etc. Question is specifically about traceability.

      You have almost 75-80 words left for the body. Use it for writing impacts on users and intermediaries. Give sub heading. For users write about art 19,21(1st point of way forward can be put here), explain a bit-dissent ,democracy harmed etc You can mention LIC of India vs Manubhai D Shah case here. You can add some positives to make the answer multi-dimensional such as- might lead to decrease in rumor mongering on digital platforms, will decrease hateful posts on the basis of gender, caste, religion etc

      Some points on the intermediaries- financial burden increase, need to re engineer technology for Indian market, onus of privacy totally shifted on private players etc These 3 parts should be enough for your answer.

      Regarding the diagram you have made you can make it just after introduction and before impacts justifying why has the government brought these rules. However don’t go into explaining etc because this is not the core demand of the question.

      Read some other answers also. Keep writing.

  17. Rupesh Kumar Pandey Avatar
    Rupesh Kumar Pandey

    Ref Id #0000416426
    Please review
    By mistake second image got uploaded horizontally 🙁

    1. Swatantra Avatar
      Swatantra

      Rupesh

      Your introduction and way forward is very good.

      Try to give subheading for 2nd part of the question i.e. impact on users and intermediaries(whatsapp etc). You have missed what impact it will have on users that is common public. Some negative impacts on the user- it might compromise the privacy and security of all individuals at all times, despite no illegal activity on their part, and would create a presumption of criminality.

      You can also mention misuse of the provision by the state might lead to stifling of dissent which is harmful for democracy(article 19,21) . Mention LIC of India vs Manubhai D Shah judgement which gave freedom for users to circulate views.

      In conclusion, you can mention about srikrishna committee draft data protection law, or the need to bring a brand new law in parliament rather than repeatedly using delegated legislation to make laws.

      Write about articles, judgements, committees etc These add immense value to the answer. Keep writing.

  18. Jaya Ratnasami Avatar
    Jaya Ratnasami

    0000382105

    1. Swatantra Avatar
      Swatantra

      Jaya,

      Your introduction and way forward is very good.

      Try to give subheading for 2nd part of the question i.e. impact on users and intermediaries. It will increase visibility of your answer and ensure the examiner you have covered all aspects.

      In impact on users-Mention articles 19,21. Also you can mention cases like LIC of India vs Manubhai D Shah, which talked about freedom to circulate views.This will add value to your answer.

      Some points on the intermediaries- financial burden increase, need to re engineer technology for Indian market, onus of privacy totally shifted on private players etc

      In conclusion, you can mention about srikrishna committee draft data protection law, or the need to bring a brand new law in parliament rather than repeatedly using delegated legislation to make laws.

      Your points are good, just write about articles, judgements, committees etc

  19. Gauri Shankar Meena Avatar
    Gauri Shankar Meena

    Payment Id pay_HHlJ1R1WIIMdGT

    1. Swatantra Avatar
      Swatantra

      Gauri Shankar,

      Your understanding of the issue is good, try to structure the answer better. Introduction, reasons for the rules and impact on users-you have written well.

      However impact on intermediaries part has been skipped, that is a core demand of the question. Try to address it.Some points on the intermediaries- financial burden increase, need to re engineer technology for Indian market, onus of privacy totally shifted on private players etc

      In conclusion, you can mention about srikrishna committee draft data protection law, or the need to bring a brand new law in parliament rather than repeatedly using delegated legislation to make laws.

      Overall, a good answer. Keep writing.

  20. Fun Learning with Rajlaxmi. Avatar
    Fun Learning with Rajlaxmi.

    Kindly review
    Ref no 0000420120

    1. Swatantra Avatar
      Swatantra

      Rajlaxmi,

      You have written well. Try to stick to the word limit. You can skip certain points in the 1st part as the demand of the question is not about all the rules. Just write about the traceability provision, how it hampers end to end encryption which in turn hampers user privacy. It will suffice.

      You can add points in the 2nd part that is the impacts, write about article 19,21. Mention of cases like LIC and Puttaswamy judgement is very good. You can add some positives to make the answer multi-dimensional such as- might lead to decrease in rumor mongering on digital platforms, will decrease hateful posts on the basis of gender, caste, religion etc
      Some points on the intermediaries- financial burden increase, need to re engineer technology for Indian market, onus of privacy totally shifted on private players etc

      Conclusion is good, however you can the mention the need to bring the data protection law based on the recommendations of srikrishna committee.

      Read some others answers also and keep writing.

  21. Shikhar Lohia Avatar
    Shikhar Lohia

    Payment ID – pay_HHRDszyfOKKRDw

    1. Swatantra Avatar
      Swatantra

      Shikhar

      You have written a good answer, your knowledge on the issue is also good. However explain a bit about the traceability provision, how it hampers end to end encryption which in turn hampers user privacy just after introduction. Then come to implications.

      Also you can mention cases like LIC of India vs Manubhai D Shah, which talked about freedom to circulate views.This will add value to your answer.

      Mention Srikrishna committee in the conclusion. Also you can talk about need to balance privacy and security based on the three tests laid by SC in Puttaswamy judgement.

      Read some other answers also. Keep writing.

  22. Santosh kharat Avatar
    Santosh kharat

    Payment I’d 115009045817

    1. Swatantra Avatar
      Swatantra

      Santosh

      You can skip certain points in the 1st part as the demand of the question is not about all the rules. Just write about the traceability provision, how it hampers end to end encryption which in turn hampers user privacy. It will suffice.

      You have written impacts on users, write about some impacts on intermediaries(social media companies)-financial burden increase, need to re engineer technology for Indian market, onus of privacy totally shifted on private players, people will lose trust on them etc

      Conclude by saying rules should comply with the 3 tests laid out in puttaswamy judgement, also srikrishna committee draft data protection law can be mentioned, mentioning these enhances the quality of your answer and shows to the examiner you are aware of judgements and committees in this context.

      Your knowledge on the issue is good, keep writing.

  23. Vishnu Agrawal Avatar
    Vishnu Agrawal

    Order id: 0000422561

  24. Vishnu Agrawal Avatar
    Vishnu Agrawal

    Order id:0000422561

    1. Swatantra Avatar
      Swatantra

      Vishnu

      Your answer and your understanding of the issue is good, but do some value addition in this. Structure is well maintained.
      In introduction part write a bit about the traceability provision, how it hampers end to end encryption which in turn hampers user privacy.

      Mention article of the constitution like 19,21 in the respective points in the body. You can mention cases like LIC of India vs Manubhai D Shah, which talked about freedom to circulate views. Points are good.

      Conclude by saying rules should comply with the 3 tests laid out in puttaswamy judgement, also srikrishna committee draft data protection law can be mentioned, mentioning these enhances the quality of your answer and shows to the examiner you are aware of judgements and committees in this context.
      Read some other answers also. Keep writing.

  25. Arpit Singh Avatar
    Arpit Singh

    Payment id HHU8LODCXBY9DB

    1. Swatantra Avatar
      Swatantra

      Arpit

      After the introduction part and before implications write a bit about the traceability provision, how it hampers end to end encryption which in turn hampers user privacy.

      Mention of articles like 19,21 is very good. You can mention cases like LIC of India vs Manubhai D Shah, which talked about freedom to circulate views.
      Write 1-2 more impacts on intermediaries-financial burden increase, need to re engineer technology for Indian market, onus of privacy totally shifted on private players, people will lose trust on them etc

      Conclude by saying rules should comply with the 3 tests laid out in puttaswamy judgement, also srikrishna committee draft data protection law can be mentioned, mentioning these enhances the quality of your answer and shows to the examiner you are aware of judgements and committees in this context. Also this will make way forward crisp and short.

      Your knowledge on the issue is good, keep writing

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