Q.3) The new Information Technology Rules 2021 attempts to bring in regulatory standards to social media. However, regulation of social media leads to several issues. What are these issues and what should be the extent of regulation of social media? (10 Marks)

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Swatantra

“Mentor’s Comments”

https://indianexpress.com/article/opinion/columns/social-media-new-it-rules-twitter-facebook-instagram-7363947/
In the intro, mention the important role played by social media in this age of the internet.
In the body, mention the issues such as whether social media companies should be held responsible for the contents posted on their platform, what should be the procedure to remove the content deemed harmful, the responsibility of social media platforms to moderate the content, conflict with freedom of speech etc. Balancing these opposite objectives should be the sole basis of the regulation of social media.
Conclude by mentioning the need to balance the interest of the society and freedom of speech of an individual.

Comments

26 responses to “Q.3) The new Information Technology Rules 2021 attempts to bring in regulatory standards to social media. However, regulation of social media leads to several issues. What are these issues and what should be the extent of regulation of social media? (10 Marks)”

June 18, 2021

SUMITA DOWERAH

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1. June 24, 2021
  
  Swatantra
  
  Sumita
  
  Introduction is good. Role of social media is also well articulated.
  
  You can add some provisions of IT act such as safe harbour provisions which gives intermediaries legal immunity for any content posted there.
  
  Issues mentioned are good, you can mention about the function of social media as public square as well as a public utility, hence they should come under courts’ regulation, also lately they have started attempting to regulate government policies.
  
  Conclusion is good.
  
  Nice attempt overall. Read some other answers and keep writing. 🙂
June 18, 2021

Santosh kharat

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1. June 24, 2021
  
  Swatantra
  
  Santosh
  
  You have focused exclusively on the impact of new rules brought by the government, but you need to write about why the rules were brought in the first place.
  
  Mention about the role of social media now a days.
  
  Also mention issues like the responsibility of social media platforms to moderate the content without bias, conflict with freedom of speech, courts’ jurisdiction over social media- it cannot position itself above the constitution and the law of the land.
  
  Then you can mention some impacts of the new regulations.
  
  Way forward is good. Conclusion is good too.
  
  Your content is fine but try to adress the question holistically.
  
  Read some other answers. Keep writing.
  
  4.5/10
June 18, 2021

Vishal Nagle

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1. June 24, 2021
  
  Swatantra
  
  Vishal
  
  Nice attempt. Introduction is good. Mention of rules is fine too.
  
  However, write a section about what are the issues with social media that has led to the bringing of such rules.
  
  You can mention in brief about the important role of social media.
  Then you can mention some issues like the responsibility of social media platforms to moderate the content without bias, conflict with freedom of speech, courts’ jurisdiction over social media- it cannot position itself above the constitution and the law of the land.
  
  Issues and way forward is good. Mention article 19,21.
  
  Read some other answers. Keep writing. 🙂
June 18, 2021

ankita thakur

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1. June 24, 2021
  
  Swatantra
  
  Ankita
  
  Nice attempt. Introduction is good, role of social media is well articulated.
  
  Mention some issues which mandated the need to bring these rules like:
  the responsibility of social media platforms to moderate the content without bias,
  whether SM should be considered just a platform or a publisher,
  conflict with freedom of speech (ar 19),
  Courts’ jurisdiction over social media- it cannot position itself above the constitution and the law of the land.
  
  Issues with the rules and way forward is fine, mention article 19,21
  
  Read some other answers. Keep writing.
June 19, 2021

Fun Learning with Rajlaxmi.

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1. June 24, 2021
  
  Swatantra
  
  Rajlaxmi
  
  You have articulated the issues with regulation very well, especially mention of articles and judgements is good. You can mention some rules too very briefly.
  
  Also, write a section about what are the issues with social media that has led to the bringing of such rules.
  
  You can mention in brief about the important role of social media.
  
  Then you can mention some issues like the responsibility of social media platforms to moderate the content without bias, conflict with freedom of speech, courts’ jurisdiction over social media- it cannot position itself above the constitution and the law of the land.
  Extent and conclusion is fine, mention the need to balance collective rights vs individual rights in conclusion.
  
  Use hub and spoke diagrams to adjust points inside word limit.
  
  Read some other answers. Keep writing. 🙂
June 19, 2021

Sana Nawazish

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Please review
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1. June 24, 2021
  
  Swatantra
  
  Sana
  
  Nice attempt. Subheadings are good.
  
  Need for new rules section is good, in settling accountability, you can mention the platform-publisher debate, earlier safe harbor provision and its ineffectiveness.
  
  Issues are well articulated, mention concerns with privacy, article 21 also.
  
  In extent also you have written drawbacks only, frame it as a way forward and write points which you think should be implemented. Data protection law is fine.
  
  Conclusion is good.
  
  Read some other answers. Keep writing. 🙂
June 19, 2021

Kartikey Singh

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1. June 24, 2021
  
  Swatantra
  
  Kartikey
  
  Your answer is fine. Most of the issues with the rules are covered and extent of regulation required is also well articulated for a 10 marker.
  
  However, also write one section in brief describing issues with social media that has led to the bringing of such rules.
  
  You can mention some issues like the responsibility of social media platforms to moderate the content without bias, conflict with freedom of speech, courts’ jurisdiction over social media- it cannot position itself above the constitution and the law of the land.
  
  This is necessary because for example you have mentioned that immunity should be given to social media but in the light of social media censoring content, the line between platform and publisher has been blurred. So mentioning these things will bring out the issues holistically.
  
  Points in your answer are good. No much change needed. Conclusion is also good. Keep writing. 🙂
June 20, 2021

Dr. House

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Please review @Swatantra Sir

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1. June 24, 2021
  
  Swatantra
  
  Dr House
  
  Your answer is fine. Most of the issues with the rules are covered and way forward is also well articulated.
  
  However, also write one section in brief describing issues with social media that has led to the bringing of such rules.
  
  You can mention some issues like the responsibility of social media platforms to moderate the content without bias, conflict with freedom of speech, courts’ jurisdiction over social media- it cannot position itself above the constitution and the law of the land.
  
  This is necessary because in the light of social media censoring content, the line between platform and publisher has been blurred, also interference is seen in government policies. So mentioning these things will bring out the issues holistically.
  
  Points in your answer are good. No much change needed.
  
  Conclusion is also good. Keep writing. 🙂
June 21, 2021

Chandrama Mukhopadhyay

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@swatantra sir

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1. June 24, 2021
  
  Swatantra
  
  Chandrama
  
  In introduction, you can start with writing about the important role social media plays in today’s world. If you are writing about IT rules mention 2-3 important provisions not just grievance redressal.
  
  Avoid writing political points like farm laws etc here. Regulation of social media and issues associated with it is a burning issue across the world, not just India.
  
  You can mention some issues why regulations are needed:
  Confusion whether the social media is a platform or a publisher, for e.g- it censors some content whereas allows some others, not clear on what basis
  Conflict with freedom of speech
  Courts’ jurisdiction over social media- it cannot position itself above the constitution and the law of the land
  
  Issues with rules are fine, you can do value addition by writing judgements such as LIC vs Manubhai D Shah, in which court held that freedom to circulate opinions is fundamental.
  
  Extent and conclusion is fine, you can end with emphasizing the need to balance individual and collective rights.
  
  It is always better to use points which are recommendations of some committee, SC judgements etc, instead of mentioning points like counter action of opposition you can mention ‘test of proportionality’ given by SC in aadhar case.
  
  Nice attempt, try to write in a more nuanced manner.
  
  Read some other answers. Keep writing. 🙂
June 21, 2021

Vishnu Agrawal

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1. June 24, 2021
  
  Swatantra
  
  Vishnu
  
  Your answer is fine. You have mentioned the need to bring these rules, that is good.
  
  Issues with the rules are fine too, you can mention about the need to balance individual and collective rights, you can also mention about government becoming the arbiter is also not ideal as the new rules have set timelines for social media giants to take down content based on government orders. LIC vs Manubhai Shah judgement also can be mentioned, as it has ruled in favour of freedom to circulate views.
  
  Also write a brief way forward- bringing data protection law, test of proportionality in case of privacy infringement as mentioned by SC in aadhar judgement etc
  
  Make the conclusion more balanced, clearly there are issues with the rules, big tech giants have also become more assertive lately and above all fundamental rights of citizens are most important.
  
  Read some other answers. Keep writing.
  5.5/10
June 21, 2021

Deepali Rajan

kindly review @swatantra sir
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1. June 24, 2021
  
  Swatantra
  
  Deepali
  
  Introduction is fine.
  
  First two points in why is regulation needed is also fine. However, 3rd point seems a repeat of 2nd point, clarity is lacking, same with 4th point, not sure what you mean by surveillance companies.
  
  Instead, you can write that since social media is a public square and off late has become a public utility, it cannot place itself above the constitution and law of the land, courts’ writ jurisdiction must apply.
  
  After that mention some of the new rules and mention some issues with the rules such as concerns for privacy, freedom of speech, too much power in the hands of government as it has appointed itself as the arbiter of content on social media etc
  
  Also write a brief way forward- bringing data protection law, test of proportionality in case of privacy infringement as mentioned by SC in aadhar judgement etc
  
  Conclusion is good.
  
  You have missed some key parts of the question, such as issues with regulations, what should be the extent of regulations. Please try including every part.
  
  Read some other answers. Keep writing. 🙂
June 22, 2021

shivanshu pandey

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1. June 24, 2021
  
  Swatantra
  
  Shivanshu
  
  Introduction is fine. In need for social media regulation, you have mentioned role of political actors and citizen, mention some flaws of social media giants-
  Thin line of difference between platform and publisher, if they are just a platform then they should not censor posts, if they are a publisher then they should be held accountable just like print media- there is a confusion
  Conflict with freedom of speech
  Courts’ jurisdiction over social media- it cannot position itself above the constitution and the law of the land
  
  Issues and way forward mentioned are good. No need of much changes.
  LIC vs Manubhai Shah judgement can be mentioned, as it has ruled in favour of freedom to circulate views.
  
  Read some other answers. Keep writing. 🙂
June 23, 2021

Arpit Singh

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1. June 24, 2021
  
  Swatantra
  
  Arpit
  
  Answer is pretty generic. You can improve a bit.
  
  Introduction is fine.Write one section in brief describing issues with social media that has led to the bringing of such rules. This will answer the question holistically.
  
  You can mention some issues like the responsibility of social media platforms to moderate the content without bias, confusion whether it is just a platform or a publisher, conflict with freedom of speech, courts’ jurisdiction over social media- it cannot position itself above the constitution and the law of the land.
  
  Issues with rules mentioned are fine. Add the concerns over privacy, mention article 21,19. You can also mention LIC vs Manubhai Shah judgement in which the SC batted for freedom to circulate views.
  
  Way forward is fine, you can mention the need to bring data protection law, implement test of proportionality in cases where privacy is concerned as mentioned by the SC in aadhar judgement. These will add more value to the points.
  
  Conclusion is good.
  
  Read some other answers. Keep writing.🙂
  
  4.5/10