First originator
The initial creator or sender of a message or post.
How the laws define this
Legal frameworks in both Bangladesh and India establish the concept around identifying the initial source or creator of a message or information on digital platforms for investigative purposes. Both instruments focus on technical capabilities for traceability, requiring platforms or messaging services to identify who originally sent or generated a post or communication. However, the regulatory approaches diverge in their conditions and technical boundaries. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 restricts the scope to a user within India on an intermediary's resource, mandating that SSMIs identify the originator only when ordered by a court or under section 69 for specified serious offences, and explicitly without requiring disclosure of message content. In contrast, the draft Bangladesh Telecommunication Regulatory Commission Regulation for Digital, Social Media and OTT Platforms defines the originator as a natural person, account, or entity identified for investigatory purposes, addressing obligations for encrypted messaging services without setting those same explicit safeguards or location limits.
Synthesised from the 2 statutory definitions below. Each one is quoted in full, with its source.
How jurisdictions differ
What is distinctive in each definition, binding law in force first.
| Jurisdiction | Instrument | Status | What is distinctive |
|---|---|---|---|
| India | The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 | In Force (Amended) | Limits identification of the first originator to court or section 69 orders for specified serious offences, with statutory safeguards and without disclosing message content, applicable only to SSMIs providing messaging services. |
| Bangladesh | Bangladesh Telecommunication Regulatory Commission Regulation for Digital, Social Media and OTT Platforms (draft) | Draft | Explicitly identifies the first originator as a natural person, account, or entity, with a focus on investigatory purposes and implications for encrypted messaging services. |
What it triggers
- In India, under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, SSMIs providing messaging services must enable identification of the first originator when ordered by a court or under section 69.source
- In Bangladesh, the draft Telecommunication Regulatory Commission Regulation for Digital, Social Media and OTT Platforms would require identification of the first originator for investigatory purposes.source
Definitions (2)
The natural person, account or entity identified as the original source of a message or post for investigatory purposes; the draft defines obligations and technical expectations for identifying the 'first originator' (traceability), which has implications for encrypted messaging services.
The user within India who first created or originated a particular message or information on an intermediary’s resource; for SSMIs providing messaging services, the Rules require technical capability to identify the first originator when ordered by a court or under section 69, subject to statutory safeguards, limits on scope (specified serious offences) and without requiring disclosure of message content.
Not to be confused with
Provenance data refers to data used to trace and verify content origin generally, while first originator specifically identifies the initial creator or sender of a message or post.
Questions and answers
What obligations apply to identifying the first originator in India?
Under the 2021 Rules, SSMIs providing messaging services must have the technical capability to identify the first originator of a message when ordered by a court or under section 69, subject to statutory safeguards, limited to specified serious offences, and without disclosing message content.
Does the Bangladesh draft regulation affect encrypted messaging?
Yes, it defines obligations and technical expectations for identifying the first originator, which has implications for encrypted messaging services.
Who is considered the first originator under these definitions?
In India, it is the user within India who first created or originated the message; in Bangladesh, it is the natural person, account, or entity identified as the original source.
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