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Here’s Why Orkut Is Trending On Twitter

| Published on May 28, 2021

With the panic that arose out of the ‘Social Media Ban’ that was going to be announced wherein platforms such as Twitter, Facebook and Instagram, would be banned, Twitter India was flooded with tweets regarding the same.

Amidst all this chaos, #Orkut started trending on Twitter, in memory of the platform which existed in the pre-social media era. People started tweeting about their memories while a few chose to also express their disdain towards it.

https://twitter.com/MausamChandera/status/1397421602321559554

Meme templates also started picking up the pace on #Orkut

https://twitter.com/ud998/status/1397275331166277635

While brands and influencers also joined in the Orkut feels with their messaging.

The new Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, also known as the new IT Rules 2021, are applicable today. The new rule states that “When an intermediary fails to observe these rules, the provisions of sub-section (1) of section 79 of the Act shall not be applicable for such intermediary and the intermediary shall be liable for punishment under any law for the time being in force including the provisions of the Act and the Indian Penal Code”.

Section 79 gives digital media platforms the immunity against liability for posts that are uploaded on their networks, and for any involving third party information or data. The new IT Rules 2021 state that this immunity that is provided to all digital media companies will be withdrawn and that these platforms will evidently become a part of the legal proceedings should social media companies not comply with the new rules that have been doled out.

Sub-section 1 of section 79 of the IT Act says, “Notwithstanding anything contained in any law for the time being in force but subject to the provisions of sub-sections (2) and (3), an intermediary shall not be liable for any third-party information, data, or communication link made available or hosted by him.”

Sub-sections 2 and 3 states that the legal immunity provisions apply if “the function of the intermediary is limited to providing access to a communication system over which information made available by third parties is transmitted or temporarily stored or hosted”. The intermediary does not initiate the transmission, select the receiver of the transmission or select and modify the information contained in any transmission.

Based on all these rules and regulations, it is understood that social media companies may face grievance redressal and lose legal immunity for any legal proceedings in India which will hold them responsible for the content that gets uploaded on their platforms. This in no way states that there could be a ban applied for any non-compliance, hence, proving all rumours to be baseless.

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