Page 17 - Approved Social Media Framework and Guidelines

Since most of the social media platforms are based outside India and are not governed by

Indian Laws, or managed and controlled by Indian regulations, specific policies may be
drafted related to information security and archiving. If required the agencies may engage
with the Social Media Service Providers to work out Service Level Agreements for

· Complaint and response mechanism between the agency and the Service Provider

· Content Storage
· Shared access of the content

· Archival mechanisms

5.1.3.5. Legal Provisions: In India, the legal implications must be viewed in
accordance with the law of land e.g. RTI Act, IT ACT 2000 & IT Amendment Act 2008 etc as
also rules and regulations made thereunder. These policies must be circulated internally to

ensure uniformity of response. Some of the key sections and their implications that must be
kept in mind are as under:
5.1.3.5.1. When Government department provides such social media facilities on
its network, receives, stores or transmits any particular electronic

record on behalf of another person or provides any service with respect
to that record, they become intermediary under Section 2(1)(w) of the
amended Information Technology Act, 2000.

Section 79 of the amended Information Technology Act, 2000 provides
the broad principle that intermediaries like Government departments
providing social media facilities are generally not liable for third party
data information or communication link made available by them.
However this exemption from liability can only be applicable if the said
Government department complies with various conditions of law as
prescribed under Section 79 of the amended Information Technology
Act, 2000. The said conditions which need to mandatorily complied with
the Government department to claim exemption for any third party

data information or communication link made available or hosted by
them in connection with social media facilities made available by the
said department on their network are as follows:

·The function of the Government department is limited to providing

access to a communication system over which information made
available by third parties is transmitted or temporarily stored; or hosted

·The Government department does not-

Page 17 of 38