The union government on Thursday announced new rules to regulate digital content to have a harmonious, soft-touch oversight mechanism in relation to social media platform as well as digital media and OTT platforms.
According to a statement, the rules will establish a soft-touch self-regulatory architecture and a Code of Ethics and three-tier grievance redressal mechanism for news publishers and OTT Platforms and digital media.
“Amidst growing concerns around lack of transparency, accountability and rights of users related to digital media and after elaborate consultation with the public and stakeholders, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 has been framed in exercise of powers under section 87 (2) of the Information Technology Act, 2000 and in supersession of the earlier Information Technology (Intermediary Guidelines) Rules 2011,” the statement reads.
It further reads that while finalizing these Rules, both the Ministries of Electronics and Information Technology and Ministry of Information and Broadcasting undertook elaborate consultations among themselves in order to have a harmonious, soft-touch oversight mechanism in relation to social media platform as well as digital media and OTT platforms etc.
It reads that Part- II of these Rules shall be administered by Ministry of Electronics and IT, while Part-III relating to Code of Ethics and procedure and safeguards in relation to digital media shall be administered by the Ministry of Information and Broadcasting.
As per the statement, the new Rules empower 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-regulation mechanism whereby a robust grievance redressal mechanism has been provided while upholding journalistic and creative freedom. The proposed framework is progressive, liberal and contemporaneous.”
As per the statement, it seeks to address peoples’ varied concerns while removing any misapprehension about curbing creativity and freedom of speech and expression.
The guidelines have been framed keeping in mind the difference between viewership in a theatre and television as compared to watching it on the Internet.
The new rules for online news and social media in 10 points:
- Social media giants will be required to appoint India-based compliance officers. If they remove content, they will be required to inform users, give reasons for taking down their post and hear them out.
- Social media sites have to disclose “first originator” of any mischievous message. “Who began the mischief? You have to say,” said Mr Prasad, adding that this would apply for spreading content for which the punishment is up to five years.
- The oversight mechanism will include a committee with representatives from the ministries of Defence, External Affairs, Home, I&B, Law, IT and Women and Child Development. It will have “suo motu powers” to call hearings on complaints of violation of the Code of Ethics if it wants.
- The government will designate an officer of the rank of a Joint Secretary or above as the “Authorised Officer” who can direct blocking of content. If an appellate body believes that the content violates the law, it is empowered to send the content to a government-controlled committee for blocking orders to be issued.
- Self-classification for streaming services on content that is for 13-plus, 16-plus or adults on the basis of age sex, violence and nudity. A mechanism for ensuring children do not access content not approved for them.
- Digital news media will follow rules under the Press Council of India. New websites will have to be registered on the Information and Broadcasting Ministry site.
- The rules bar social media content that is defamatory, obscene, libelous, racist, harmful to minors, threatens the unity, integrity, defence, security or sovereignty of India and its ties with other countries. Social media sites have to remove or disable offensive or illegal content within 36 hours of being notified or of a court order.
- Companies have to appoint a grievance officer to receive, acknowledge and resolve complaints within a month. Tech giants will also have to appoint grievance officers.
- An intermediary has to, within 24 hours of a complaint, remove or disable access to content that is illegal or offensive.
- A three-tier mechanism to enforce the Code of Ethics: self-regulation; self-regulation by the self-regulating bodies; government’s oversight mechanism.
New rules for Social media
The Chenab Times News Desk