As a new set of rules, the government has announced the regulation of digital content including that on OTT platforms, social media and news sites in a bid to create a “soft touch progressive institutional mechanism with a level-playing field”. Under this, there will be a new Code of Ethics and a grievance recording system.
According to Union IT Minister Ravi Shankar Prasad, the rules will “empower” users of social media. This is the first time ever that the Indian Government will be imposing rules on digital content as part of the Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules.
These include strict measures to be followed with bans applicable to any content that will affect the “sovereignty and integrity of India” and threatens the security of the nation.
While some platforms such as WhatsApp provide end-to-end encryption t their users for maintaining their privacy, they will likely have to remove the same in India in order to comply with the new rules.
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During a press conference, the IT Minister said, “We have not framed any new law. We have framed these rules under the existing IT Act. We are trusting the platforms to follow these regulations. The focus of this guideline is on self-regulation.”
While the rules will be applied immediately from the publication date of the official notice, 3 months’ time will be given to significant social media intermediaries, which will be defined by the government later.
Social Media-
According to the rules, the government requires social media firms to own a system for registering complaints from their users. As such, it has mentioned a 3-tier mechanism involving-
1 – Chief Compliance Officer- An Indian resident who will be responsible to ensure the company obeys the Act and Rules.
2 – Nodal Contact Person– An Indian resident who must be available 24*7 for communicating with law enforcement agencies.
3 – Resident Grievance Officer– An Indian resident who will carry out the duties referred in the Grievance Redressal Mechanism.
These intermediaries will need to disable or remove users’ access to content considered illegal or offensive within 24 hours of receiving a complaint. After which, they will have to inform their users, furnish the causes for removing their post and listen to them.
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As part of the same, no content will be allowed on social media that is obscene, racist, defamatory, harmful to minors, threatens the integrity, defence, unity, sovereignty or security of India and its relationships with the rest of the countries of the world. Content labelled offensive or illegal by court order or notice will need to be brought down within 36 hours of being informed.
First originator of message/subject:
They need to reveal where the message originated from in case of any mischievous subject. This is especially applicable in any case of rape, crimes, etc. The IT Minister said, “Who began the mischief? You have to say,” while further saying that it is also applicable to sharing such content and spreading it and could attract a punishment of upto 5 years.
A monthly compliance report is also required from these social media companies.
“Users who wish to verify their accounts voluntarily shall be provided an appropriate mechanism to verify their accounts and provided with a demonstrable and visible mark of verification,” the rule also says.
OTT platforms:
As films have a censor board to monitor the content that goes through to the public, the government called for a separate such mechanism to regulate the content on digital media.
It also ruled the need for a self-classification for content tagged with 13+, 16+ and adults on streaming platforms based on the age, gender, violence and nudity level present in the content. Furthermore, a mechanism that ensures children do not get access to content that isn’t made permissible for them.
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On the government’s side, the mechanism set up will see the appointment of a committee with representatives from the Ministries of Home, Defense, Women and Child Development, External Affairs, Law, IT and I&B. They will own “suo moto” powers to conduct hearings based on complaints received regarding the violation of the Code of Ethics whenever it wants.
An officer on the position of a Joint Secretary or higher rank will be appointed as the “Authorized Officer” with whom powers to directly block any content will be given.
While new websites will need to get registered on the I&B Ministry’s site, digital news media sites require to follow the rules mentioned in the Press Council of India.
