The Information Technology (Intermediary Guidelines And Digital Media Ethics Codes) Rules, 2021[1]
Recently, The Ministry of Information, Government of India on 25th February, 2021 through its circular, notified Information Technology (Intermediary Guideline and Digital Media Ethics Code) Rules, 2021. These new rules have been framed in the exercise of powers under Section 87 (2) of The Information Technology Act, 2000. These new rules are in suppression of the earlier Information Technology (Intermediary Guidelines) Rules, 2011. The changes in the new I.T Rules, 2021 mainly deal with social media and OTT (Over the top) platforms.
Background of The Information Technology Rule:
In the year 2018, The Supreme Court of India has observed that the Government of India may frame necessary guidelines to eliminate issues like child pornography, rape imageries videos, etc. including the adult sites hosting platforms and other applications.
Later on in the Year 2020, an ad-hoc committee of Rajya Sabha was formed and laid its report which raised the concern over the distressing issue of pornography on social media and its effect on children and society therefore which result in recommendations for enabling identification of the first originator of such contents.
The Government brought video streaming of OTT platforms under the ambit of the Ministry of Information and Broadcasting.
New Rules and Guidelines for Social Media Intermediaries:
The Information Technology (Intermediary Guidelines and Digital Media Ethics Codes) Rules, 2021 have divided the social media intermediaries into two categories which are based on the number of its users, it is mainly:
The New I.T Rules, 2021 states that in case, where due diligence is not followed by the intermediary then in such case the provisions of “Safe Harbour” will not apply to them.
The “Safe Harbour Provisions is defined under Section 79 of the IT Act”. The principle of Safe Harbour gives intermediaries immunity from legal prosecution for any content posted on their platforms.[4]
Intermediaries shall appoint a Grievance officer to handle the complaints and the intermediaries shall publish on its website or application the name and contact details of such officers. Grievance officers shall acknowledge the complaint within twenty-four hours and resolve it within fifteen days from its receipt.
An Intermediary has the compulsion to remove or disable access within twenty-four of receipt of complaints of contents that exposes the private parts of individuals, show such individual in full or partial nudity or in sexual activity or is in the nature of morphed or edit images, etc. Such complaints can be filed either by an individual or by any person on his/her behalf.[5]
Officers: Appointment of Chief Compliance Officers, a Nodal Contact Person, and a Resident Grievance officer who should be resident in India.
Monthly Compliance Report: Intermediaries have to publish a monthly compliance report. This compliance report includes the details of the complaints received and action taken on the complaints as well as contents removed. The physical presence of such an officer is vital.
Identity of the First Originator: It can be said that significant social media intermediaries shall enable the identification of the first originator of the information. This could help in tracing the originator of the message or information.
Unethical Information: When an Intermediary receives any information through the court in form of an order or by government, should not host or publish any information which is prohibited under any law in relation to the interest of sovereignty and integrity of India.
[For OTT]
Classification of Age and Parental Control:[6]
The OTT platforms have self-classified the content into five age groups i.e U/A 7+, U/A 13+, U/A 16+, and U/A Adult. Platforms would be required to implement parental locks for the content classified as U/A 13+ or higher and reliable age verification mechanisms for content classified as “A”.
[For Publishers or News on Digital Media]
It would be required to observe Norms of Journalistic Conduct of the Press Council of India and the Programme Code under the Cable television Networks Regulation Act, 1955.
Grievance Redressal: Unlike the grievance redressal mechanism of Social Media Intermediaries, Significant Social Media Intermediaries have a multi-level grievance redressal mechanism. This multi-level system has three levels which are as follow:[7]
Level I- Self-regulation by the publishers
Level II- Self-regulation by self-regulating bodies
Level III- Oversight Mechanism
Self-regulation by the publisher [Level-I]:
The publisher has to appoint a Grievance Redressal Officer which will be resident in India who shall be responsible for the redressal of grievances received by it.
Self-regulation by self-regulating bodies [Level II]:
There may be one or more self-regulatory bodies of the publishers. Such body shall be headed by retired Judge of SC, a High Court, or independent eminent person and have not more than six members.
Oversight Mechanism [Level III]:
Ministry of Information and Broadcasting shall formulate an oversight mechanism that will issue a charter which may include a code of conduct and practices for bodies. It shall establish an inter-departmental committee for hearing grievances.
This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts that have been made to ensure the accuracy and correctness of the information published, White Code Consulting & Governance shall not be responsible for any errors caused due to human error or otherwise.
[1] https://www.meity.gov.in/writereaddata/files/Intermediary_Guidelines_and_Digital_Media_Ethics_Code_Rules-2021.pdf
[2] Rule 2(z) of The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021- "means an intermediary referred to in clause (m) which primarily or solely enables online interaction between two or more users and allows them to create, upload, share, disseminate, modify or access information using its services but shall not include an intermediary which primarily, — i. enables commercial or business oriented transactions; or ii. provides access to internet or computer networks; or iii. is in the nature of a search-engine, on-line encyclopedia, online directory or suggestion tool, e-mail service or online storage service."
[3] Rule 2(y) of The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021- "means a social media with users above such threshold as may be notified by the Central Government".
[4] Rule 3 of The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
[5] Rule 4(1) (p) of The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
[6] Schedule Part III of The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
[7] Rule 8 of The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
