New clause on IT ACT to affect TikTok, Google and others

The administration has added a provision to the proposed IT act, making web-based life organizations answerable for all nonuser created content including sponsored content distributed on their platform, as indicated by senior government authorities. The change is taking place in Europe and the US and it will impact YouTube, TikTok, Instagram, and Facebook.

Once the guidelines are informed, social media organizations will be required to suitably tag and recognize all sponsored content distributed on their platform. A senior government official said, “The onus of non-user produced content will fall on social media platforms”. Draft norms are expected to be notified in a few months.

Social media platforms are basic platforms, without control over the content uploaded by the users. Section 79-II of Information technology Act, 2000, exempts social media platforms from being responsible for the content uploaded by the users on their platforms. However, the new clause will provide safety to the social media companies as long as they remain as a facilitator and not a content creator.