Moneycontrol, July 11, 2022

By Aihik Sur

The Software Alliance explained that when the requirement of "ensuring" users’ compliance requirement is applied to enterprise service providers there can be “significant privacy and cybersecurity concerns.”

In a written submission to the Ministry of Electronics and Information Technology (MeitY), the trade body Software Alliance opined that the scope ‘ensuring’ users’ compliance, and ‘cause’ users to not host, display, any ‘unlawful’ information may contradict the Supreme Court’s decision in the Shreya Singhal vs Union of India case. It further said, “Intermediaries lose protection (safe harbour) if they do not remove unlawful content even after receiving “actual knowledge” regarding such content. In Shreya Singhal v. Union of India, the Supreme Court clarified that actual knowledge shall mean the receipt of a valid court order or official government order. It could lead to intermediaries being required to block even legitimate content to ensure compliance and impact free speech of users online.”

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Original Posting: https://www.moneycontrol.com/news/business/trade-body-software-alliance-finds-privacy-cybersecurity-issues-in-it-rule-tweaks-8806911.html