The issue :

0 Whether social media firms are merely platforms that are not responsible for what is on them.

0 Whether they are media firms with a right to edit and curate content.

Under the IT Act, clause 9 intermediaries guidelines have been issued. Intermediaries are WhatsApp and Twitter. Under these guidelines, they have to remove any information/data the moment they get to know the information is unlawful in any sense. Here they are expected to deploy technology-based automated tools or appropriate mechanisms for identifying and removing or disabling public access to unlawful in any sense. Here they are expected to deploy technology-based automated tools or appropriate mechanisms for identifying and removing or disabling public access to unlawful information or content.

Tracing where a message originated from is a part of intermediaries guidelines. Here the issue of privacy comes. Is this a breach of privacy or not?

The users’ posts number in millions daily. Authorities often threaten to hold media companies to account for these posts. It is akin to punishing telecom companies for a crime hatched during a phone call.

Executives of social media could be summoned by parliament after significant evidence of serious privacy violations and outsiders meddling in the polls.

Social media must comply with local laws. Any platform with over 5 million users or specifically notified by the government must be incorporated under the Indian law and have a registered office in India. Such an entity must have a nodal compliance officer in India for coordination with law enforcement agencies and monitoring compliance under law.

The surveillance and censorship should not violate privacy and anonymity of social media users. Private sector intermediaries should not be asked to perform censorship and surveillance. Any take downs must be on the basis of court orders, or orders by senior officials. There should be a provision for appealing against the take down.