The Supreme Court (SC) of India has halted proceedings in various High Courts that were examining petitions against the regulatory frameworks for social media and Over-The-Top (OTT) platforms determined by the Information Technology Rules 2021 and the Cable Television Networks (Amendment) Rules 2021. The decision follows the request from the central government for the SC to take on cases challenging the IT Rules for a definitive judgement. Petitions in different High Courts argued that the rules “curtail and restrict” press freedom in India.
Cable Television Networks (Amendment) Rules, 2021
Notified by the Ministry of I&B, the Cable Television Networks (Amendment) Rules, 2021 align with the Cable Television Network Act, 1995. This Act aimed at controlling the content and operation of cable networks, regulating the ‘haphazard mushrooming of cable television networks’. The amendment provides for a three-level grievance redressal mechanism including self-regulation by broadcasters, self-regulation by broadcaster bodies, and oversight by an Inter-Departmental Committee at the government level. This amendment takes a significant step towards enhancing accountability among broadcasters and their self-regulating bodies and strengthens institutions for grievance redressal.
Information Technology Rules 2021
The Information Technology Rules 2021 are primarily concerned with social media and OTT platforms. Derived from section 87 (2) of the Information Technology (IT) Act, 2000, these rules replace the previous Information Technology (Intermediary Guidelines) Rules 2011. A key feature of the provisions is the introduction of Significant Social Media Intermediaries (SSMIs), which are those with registered users in India above a certain threshold. These SSMIs are subject to additional due diligence such as appointing personnel for compliance, enabling identification of the first originator of the information on its platform under certain conditions, and deploying technology-based measures to identify specific types of content.
Understanding the Provisions
The Rules provide a framework for regulating content by online publishers of news and current affairs content, and curated audio-visual content. They also set accountability for large social media companies that were previously protected from liability for user content posted on their platforms. The rules require all intermediaries to provide a grievance redressal mechanism for resolving complaints from users or victims.
The Impact of IT Rules 2021
The IT Rules 2021 aim to empower ordinary users of social media platforms and OTT platforms by providing a mechanism for redressal and timely resolution of grievances through a Grievance Redressal Officer (GRO) who should be a resident in India. Special attention is given to the protection of women and children from sexual offences, fake news, and other misuses of social media.
Critical Issues with the Rules
A key criticism of the rules is the perception that they may exceed delegated powers under the Act. For example, they introduce regulation of significant social media intermediaries and online publishers and require certain intermediaries to identify the first originator of the information. There are also concerns about overly broad criteria for restricting online content that could impact freedom of speech, lack of procedural safeguards for law enforcement requests for intermediary-held information, and potential infringement on individual privacy through requirements for messaging services to enable identification of the first originator of information on its platform.
