Is Facebook banned in India?

According to the new IT rules, social media platforms such as Facebook, WhatsApp, and Twitter may face legal proceedings for non-compliance in India, but they will not be banned. There was panic among social media users that Facebook, WhatsApp, and Twitter would be banned in India.

The government has decided to take action due to concerns about teenagers being influenced by inappropriate content on Facebook (and getting addicted to the dopamine release by getting more followers. Many of them even Buy Facebook Followers for Cheap, as many websites sells this vanity service. You can read more information in this article titled: "Can you buy Facebook Followers?").

However, the new IT rules have addressed this concern. The new Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, also known as the new IT Rules 2021, have come into effect recently. These rules were released in February and gave a three-month window for large social media networks to comply. As a result, these platforms will not be banned in the country anytime soon.

According to the new rules, social media platforms with more than 50 lakh registered users, such as Facebook, Twitter, Instagram, and the Koo app, are classified as large social media platforms. The new IT rules require these platforms to appoint a resident grievance officer, actively monitor content, provide monthly compliance reports for Indian users, and implement self-regulation mechanisms.

There was concern among social media users that platforms could face a ban in India if they did not comply with the new IT Rules 2021. Subsection 1 of section 79 of the IT Rules 2021 addresses this issue, stating that when an intermediary fails to observe these rules, the provisions of sub-section (1) of section 79 of the Act will not apply to them. The intermediary will be held liable for punishment under any applicable law, including the provisions of the Act and the Indian Penal Code.

Additionally, Section 79 of the new IT rules grants digital media platforms like Facebook, Twitter, YouTube, and WhatsApp legal protection from liability for posts, third-party information, or data on their networks.

If social media platforms fail to comply with the new IT Rules 2021, they will lose their legal immunity and be included in the legal proceedings, as stated clearly.

According to the IT rules, subsection 1 of section 79 states that an intermediary will not be held liable for any third-party information, data, or communication link provided or hosted by them, except as stated in subsections (2) and (3), and subject to the provisions of any existing laws.

As the new IT Rules 2021 are implemented recently, social media apps like Facebook and Twitter may face consequences for not complying with the rules. These consequences may hold them accountable for the content shared or posted on their platforms in India. However, the new IT Rules 2021 do not specify any specific ban for non-compliance.

WhatsApp had filed a lawsuit in the Delhi High Court, challenging the government's new digital rules. The company argued that the requirement to provide access to encrypted messages will compromise privacy protections. The petition, sought to declare the rule requiring message service providers to identify the first originator of flagged messages as a violation of privacy rights provided by the Constitution.

Facebook and Google also released a statement indicating their intention to adhere to the new IT regulations of the country. A spokesperson from Google stated that the company has consistently made substantial investments in product modifications, resources, and staff to effectively and fairly combat illegal content, as well as ensure compliance with local laws in the jurisdictions where it operates.

The spokesperson stated that they are aware that their work in maintaining platform security is a continual process. They will continue to improve their current methods, adjust their policies, and strive for transparency in decision-making.
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Indian social media platforms are gaining popularity as alternatives to Facebook and Twitter

In the past year, ShareChat, a social media platform developed in India, experienced a sudden surge in its user base as 59 million users joined overnight due to the ban on Chinese apps. Similarly, the government has shown considerable support for Koo, an Indian alternative to Twitter, while Twitter has been engaged in ongoing conflicts with Indian authorities, most recently regarding the assignment of a manipulated media tag to a "toolkit" shared by members of the Bharatiya Janata Party (BJP).

These native platforms have frequently claimed that foreign companies do not comply with regulations and have advocated for protectionist measures. Their goal is to establish their own market by limiting competition from abroad, but this can have negative consequences for the overall market.

Experts have opined that platforms should have limited power and compete on the basis of technology and resources rather than influencing public policy to suit their business. 

According to the Center of Democracy and Technology, if a large country were to adopt and enforce these rules, it could potentially lead to messaging platforms either withdrawing or not providing encrypted services globally.

(This article is part of IndiaDotCom Pvt Ltd’s Consumer Connect Initiative, a paid publication programme. IDPL claims no editorial involvement and assumes no responsibility, liability or claims for any errors or omissions in the content of the article.)