Recently, the government of India has proposed the establishment of the ‘Grievance Appellate Committees.’ The intention behind the formation of this committee is to hear appeals regarding social media posts. As per the draft of the proposed amendments to the IT Rules, 2021, the Central Government will constitute one or more Grievance Appellate Committees.
The committees’ primary function will be handling appeals by users against the decision made by the Grievance Officer appointed by the social media intermediary. The committee members, including its chairperson, will be appointed by the Central government. If any person disagrees with an order made by the Grievance Officer of a social media network, they may appeal to the Grievance Appellate Committee within 30 days. The Committee shall dispose of the appeal within 30 calendar days from the day of receipt. Any orders passed by the Grievance Appellate Committee must be complied with by the concerned intermediary.
The Need for the Grievance Appellate Committee
Through 2021, various stand-offs occurred over content moderation and takedowns between the government and social media platforms. Accounts of news websites, actors, political workers, and bloggers supporting the farmers’ agitation were blocked following government orders. With internet access rapidly growing in India, new issues related to government policies continue to arise. Thus the need for such committees becomes essential to fill these gaps and tackle rising issues.
Understanding Information Technology Rules, 2021
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules were notified by the government in 2021. These rules classify social media intermediaries with registered users in India above a specific threshold as Significant Social Media Intermediaries (SSMIs). SSMIs are required to assign compliance personnel, identify the original source of information, and develop technology-based content identification measures.
The rules also demand all intermediaries to provide a mechanism to resolve user or victim complaints, regulate content by online publishers of news and current affairs content, and curated audio-visual content. A three-tier grievance redressal system has been devised for publishers.
Potential Concerns Associated With The IT Rules, 2021
Many concerns have been raised surrounding these rules. Firstly, they may exceed the powers delegated under the IT Act, 2000, particularly in areas like SSMIs regulation and online publishers, and the requirement for certain intermediaries to identify the original source of information. Secondly, the grounds for restricting online content are broad and might compromise freedom of speech. Thirdly, the rules lack proper safeguards for requests for information made by law enforcement agencies. Lastly, the requirement for messaging services to enable the identification of information originators may invade individuals’ privacy.
Cyber Security Incident Reporting: Legal Requirements in India
In India, as per section 70B of the Information Technology Act, 2000 (IT Act), it is legally mandatory for service providers, data centres, and body corporates to report on cyber security incidents. The Union Government established and notified the rules of CERT-In (Indian Computer Emergency Response Team) to serve as the national agency for incident response. Therefore, it is compulsory for service providers, intermediaries, data centres, and corporate bodies to report cyber security incidents to CERT-In within a reasonable timeframe after their occurrence.