Monday, May 16, 2011

India’s Latest “IT Rules 2011” simplified

This part of rule applies to User’s Posts (User Generated Content) in any website that is accessible in India. Example: Comments on Youtube Video, Twits on Twitter, Comments on News articles, Facebook Posts / Wall, comments on Blogs, Forums etc etc…

1.       Website Owner (Say, Google / Facebook) in the “Terms of User Agreement” shall include Govt. of India’s IT Rules. This includes,
Users shall not post:
a.       Any information related to another person (Ex: Facebook post “..this weekend Rahul’ll b at Pune, r u coming..”)
b.      Any info that is “grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever” (Ex: “…anything u post cud be shaped to this…”)
c.       Harm minors in any way (Ex: “…Profile info: Smoking – Socially…”)
d.      Infringes any patent, trademark or copyright (Ex: “cannot use any company name without mentioning TM or rounded “R” above it .. like Microsoft…)
e.      Violates any law for the time being in force (Ex: “…
f.        Deceives or misleads the addressee about the origin any message (Next time put your full contact details / GPS location after posting a Facebook comment)
g.       Mimic another person (huh..)
h.      Threatens the unity, integrity, defense, security or sovereignty of India & friendly relations with foreign states (Don’t blame Pakistan for Osama’s hideout)

2.       The website owner will not allow any posts of above category by any user

3.       If such posts like above are there, shall be deleted from website or the user’s access to post will be removed

4.       If any 3rd party who is getting harmed by such post of any user complains the website owner through post (:-D ) or email, the website will remove the content within 36 hours.

5.       The website owner shall not use any technology / innovation to tweak the above rules (Ex: not only to, but also applies to )

6.       All website owners shall deploy a Grievance Officer to who people can directly contact & complain if any of such posts are there in website.

The draft has been published. Shall be in effect when they publish in “THE GAZETTE OF INDIA”

A copy of the Draft can be found here. (Page 11 to 14 of PDF)