The Government of India has recently introduced the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021. The new rules, which aim to regulate social media and over-the-top (OTT) services, were established using the powers vested under section 87 (2) of the Information Technology Act, 2000 and supersedes the previous Information Technology Intermediary Guidelines from 2011.
Background of the New Rules
In 2018, the Supreme Court advised the government to devise guidelines to eliminate child pornography, rape and gangrape imageries, videos, and sites on content hosting platforms and other applications. Following this in 2020, an Ad-hoc committee of the Rajya Sabha examined the alarming issue of pornographic content on social media and its impact on children and society. The committee suggested devising methods to identify the first originator of such content. Consequently, video streaming OTT platforms came under the jurisdiction of the Ministry of Information and Broadcasting.
New Guidelines for Social Media/Intermediaries
The new guidelines categorize social media intermediaries based on their user base into two groups: social media intermediaries and significant social media intermediaries. It mandates that intermediaries should follow due diligence; failure to do so will result in them being exempt from safe harbor provisions, which have been defined under Section 79 of the IT Act.
Grievance Redressal Mechanism
Intermediaries are required to appoint a Grievance Officer responsible for acknowledging and resolving complaints within set timeframes. They are also ordered to remove or disable access to content that infringes upon the privacy or dignity of individuals, particularly content depicting nudity, sexual acts, or impersonation, including morphed images.
Additional Rules for Significant Social Media Intermediaries
Such intermediaries must appoint a Chief Compliance Officer, a Nodal Contact Person, and a Resident Grievance Officer, all residing in India. They are also required to publish a monthly compliance report detailing the complaints received and actions taken. Furthermore, they must be capable of identifying the originator of any information for specific reasons related to the integrity, security, and public order of India, or in connection with specific criminal activity.
Removal of Unlawful Information
Intermediaries are required to remove any information hosted or published that is prohibited under Indian law and threatens the sovereignty and integrity of India, public order, and friendly relations with foreign countries upon receiving notice from the appropriate government or its authorized agencies.
Rules for News Publishers and OTT Platforms
OTT platforms, termed as publishers of online curated content in the rules, must classify their content into five age-based categories. They also have to implement parental locks and prominent display rating for certain categories and ensure reliable age verification mechanisms for adult content. News publishers on digital media are directed to adhere to the Norms of Journalistic Conduct of the Press Council of India and the Programme Code under the Cable Television Networks Regulation Act 1995, providing a fair play between offline and digital media.
Grievance Redressal Mechanism for Publishers
The new guidelines establish a three-level grievance redressal mechanism. They require publishers to appoint a Grievance Redressal Officer located in India responsible for resolving grievances within 15 days. There could also be one or more self-regulatory bodies of publishers, headed by a retired judge of the Supreme Court or a High Court or an independent eminent person. The Ministry of Information and Broadcasting will form an oversight mechanism to publish a charter for self-regulating bodies, including Codes of Practices, and establish an Inter-Departmental Committee for hearing grievances.
