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We Need a Better Definition for Social Media To Solve Its Problems

The 'Data Protection Bill' may define ‘social media platforms’ and an impact threshold, but it’s a risky exercise.

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Recent reports suggest that the latest iteration of the Personal Data Protection Bill, 2019, is getting, among other things, a new name, ‘Data Protection Bill’, in an ambiguous overlap with the Information Technology Act. It also includes new definitions for 'social media platform’, as well as the thresholds of users or impact for social media companies to be classified as significant data fiduciaries.

The first is a technicality giving the Bill cover to include non-personal data in its ambit. The second is an important legal consideration that we’ll be better placed to debate once the wording of the Bill is available in the public domain. Even so, we can expect some sort of resolution, or at least a path to one, either through the drafting process in Parliament or a legal challenge.

The third encompasses at least three further questions with implications that go beyond just the wording of the ‘Data Protection Bill’ and into how we, as a society, approach the complex questions associated with regulating social media.
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