Government Notifies Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021

HIGHLIGHTS 

Government notifies Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Social media Platforms are welcome to do business in India but they need to follow the Constitution and laws of India. Social media platform can certainly be used for asking questions and criticism. Social Media platforms have empowered ordinary users of social media, embodying a mechanism for redressal and timely resolution of their grievance. Rules about digital media and OTT focuses more on in house and self 0regulation mechanism whereby a robust grievance redressal mechanism has been provided while upholding journalistic and creative freedom. The proposed framework is progressive, liberal and contemporaneous. It seeks to address peoples’ varied concerns while removing any misapprehension about curbing creativity and freedom of speech and expression. The guidelines have been further frames keeping in mind the difference between viewership in a theatre and television as compared to watchin on Internet. 

BACKGROUND

The Hon’ble Supreme Court of India in a suo-moto Writ Petition (Prajjawala case) vide order dated 11.12.2018 had observed that the Government of India may frame necessary guidelines to eliminate child pornography, rape and gangrape imageries, videos and sites in content hosting platforms and other applications. Vide order dated 24.09.2019, Hon’ble Supreme Court further directed the Ministry of Electronics and Information Technology to apprise the timeline in respect of completing the process of notifying the new rules. The Ad-hoc Committee of the Rajya Sabha laid its report on 03.02.2020 after studying the alarming issue of pornography on social media and its effect on children and society as a whole and recommended for enabling identification of the first originator of such contents. The Ministry of Electronics and Information Technology prepared draft Rules and invited public comments on 24.12.2018. The Ministry received 171 comments from individuals, civil society, industry associations and organizations, 80 counter comments to these comments were also received. After all such deliberations, these Rules have been finalized. 

SALIENT FEATURES OF THE RULES

1. Dule Diligence that must be followed by intermediaries, including social media intermediaries. In case not followed, safe harbour provisions will not apply to them. 

2. The rules seek to empower the users by mandating the intermediaries, including social media intermediaries, to establish a Grievance Redressal Mechanism for resolving complaints from the users or victims. Intermediaries shall appoint Grievance Officer to deal with such complaints and share the name and contact details of such officer. The complaints shall be acknowledged within twenty four hours and be resolved within fifteen days from its receipt. 

3. Intermediaries shall remove or disable access within 24 hours of receipt of complaints of contents that expose the private areas of individuals, show such individuals in full or partial nudity or sexual act or is in the nature of impersonation including morphed images etc. 

4. The rules have made a distinction between social media intermediaries and significant social media intermediaries so as to encourage and enable growth of new social media intermediaries. 

5. Monthly Compliance Report mentioning the details of complaints received and action taken on the complaints as well as details of contents removed proactively by the significant social media intermediary. 

6. Users who wish to verify their accounts voluntary shall be provided an approriate mechanism to verify their credentials. 

DIGITAL MEDIA ETHICS CODE RELATION TO DIGITAL MEDIA AND OTT PLATFORMS

1. The OTT platforms would self classify the content into five age based categories:- U (Universal), U/A 7+, U/A 13+, U/A 16 + and A (Adult). 

2. Platforms would be required to implement parental locks for content classified as U/A 13+ or higher and reliable age verification mechanisms for content classified as “A”.

3. Publishers of news on digital media would be required to observe Norms of Journalism Conduct of the Press Council of India and the Programme Code under the Cable Television Networks Regulation Act.

4. A three level Grievance Redressal Mechanism has been established under the Rules with different levels of self regulation.