Page 30 - Approved Social Media Framework and Guidelines
P. 30

Annexure III: Relevant section of Information Technology Act 2000


               The Government departments need to realize that the moment they provide social media
               platforms/websites/portals/facilities on their existing websites, portals and platforms, they
               become  a  network  service  provider  as  they  provide  the  services  of  providing  such  social
               media facilities on the network.  As such, the relevant Government department becomes
               network  service  provider  and  hence  intermediary  under the  Information  Technology  Act,
               2000.  Further when the said Government department provides such social media facilities
               on its network, it receives, stores or transmits any particular electronic record on behalf of
               another person or provides any service with respect to that record. As such they become
               intermediary under Section 2(1)(w) of the amended Information Technology Act, 2000.

               The moment the Government department becomes an intermediary, it is governed by its
               liability under Section 79 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:

                      1)  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

                      2)  The Government department does not-

                       (i)    initiate the transmission,

                       (ii)    select the receiver of the transmission, and

                       (iii)    select or modify the information contained in the transmission

                      3)  The Government department observes due diligence while discharging its duties
                          under this Act and also observes such other guidelines as the Central Government
                          may prescribe in this behalf.






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