The Digital Personal Data Protection bill, 2023 may reportedly empower the Data Protection Board (DPB) to advise the Centre on content takedown or blocking intermediary access in “public interest’. This provision shall specifically apply when the board identifies two or more instances of rule breaches by a platform
The bill scheduled for introduction on Thursday, seems to have taken industry feedback into account. However, the unexpected inclusion of content takedown powers has raised concerns among experts, particularly regarding its potential impact on internet and social media platforms.
As per reports, while the clause allows for strong measures when necessary, the intention to use them frugally.
The Data Protection Board may also impose a penalty on violations. Reports also suggest that, under clause 37 (1), of the bill the Centre or its officers will give the intermediary or the data fiduciary “an opportunity to be heard” before deciding on blocking access to such platforms.
Nakul Batra, Partner at DSK Legal breaks it down. “The proposed Section 37 of the DPDP, 2023 entrusts the government and DPB with the power to take-down/ block access from all platforms. However, the Bill provides some safeguards – such as blocking only in the interest of the public, opportunity of being heard, with sufficient reason and by order.”
“While only time will tell as to how this power will be used or abused, but, at least the legislative intent on using such power comes with reasonable checks and balances.”