Obligations on social media for due diligence: Ashwini Vaishnaw on notice to X

Railway Minister Ashwini Vaishnaw on Friday mentioned the Data Expertise (Middleman Tips and Digital Media Ethics Code) Guidelines, 2021 solid particular obligations on intermediaries, together with social media intermediaries, to look at due diligence whereas discharging its duties.

Vaishnaw mentioned this in a written reply within the Rajya Sabha in response to questions raised by Samajwadi Social gathering MP Javed Ali Khan, who requested whether or not the ministry has despatched discover to social media platform X (previously Twitter) to take down 285 movies associated to the stampede on the New Delhi railway station on February 15, 2025.

Khan additionally needed to know if the movies had been eliminated and the competent authority has determined to ship the discover.

The minister mentioned the federal government’s insurance policies are aimed toward making certain a secure, trusted and accountable web to its customers whereas making certain the web stays free from any type of illegal content material or data.

“To attain this goal, the Central authorities, in train of its powers below Information Technology Act, 2000, has notified the Data Expertise (Middleman Tips and Digital Media Ethics Code) Guidelines, 2021 (“IT Guidelines”). These guidelines solid particular obligations on intermediaries, together with social media intermediaries, to look at due diligence whereas discharging its duties,” Vaishnaw mentioned.

“Failure to adjust to the duty leads to the lack of exemption from legal responsibility for any third-party data, knowledge, or communication hyperlink made out there by them, and are liable for a similar as per regulation,” he added.

The minister mentioned such obligations embrace the making of cheap efforts by the middleman to trigger its customers to not host, show, add, publish, transmit or retailer any data that knowingly or deliberately violates any regulation. “Additional, intermediaries together with social media intermediaries are additionally require to take away any illegal data as and when dropped at their data both by way of a court docket order or by way of a discover by an applicable authorities or its authorised company,” Vaishnaw mentioned.

“Such illegal data contains data prohibited below any regulation in the interim in pressure in relation to the curiosity of the sovereignty and integrity of India; safety of the State; pleasant relations with overseas States; public order; decency or morality; in relation to contempt of court docket; defamation; incitement to an offence referring to the above, or any data which is prohibited below any regulation in the interim in pressure,” he added.

Responding to the ministry’s place to situation such notices, Vaishnaw mentioned that the Ministry of Railways is likely one of the notified entities as applicable authorities to situation notices below part 79 3(b) of the Data Expertise Act, 2008.

“The Ministry of Railways notifies the related Intermediaries of any Data, knowledge or communication hyperlink that’s getting used to commit illegal act,” he added.