The Ministry of Electronics and Information Technology introduced new rules under the Information Technology Act of 2000. These new rules are regulating social media and digital platforms. All these rules are known as The Information Technology (Guidelines for Intermediaries and digital Media Ethics Code) Rules, 2021. The purpose of these guidelines is to increase the accountability of social media platforms that are actively misused and sometimes abuse the power of social media. These also empower the users of social media by establishing a redressal mechanism for the solution of grievances resolution. In early times, the ministry of Information Broadcasting (MIB) had no control over online content which was uploaded. The courts have to use the IT Act to regulate the cases related to online content. In the year 2018, A PIL was filed by an NGO which demanded some separate guidelines to regulate online content. The Delhi High court while dismissing the case stated that the MIB opinionated that there is no need to have any kind of license to display content and also do not require to have a framework. Ministry of Electronics and Information Technology also stated that there is no regulation needed for regulating internet content and there are some sections of the IT Act. The court held that Sections 69, 66A, and 67B of the IT Act would be applicable and there is no power for regulation. Basically, it was said that IT Act has sufficient guidelines to take action and regulating online content. Later, under section 69A of the IT Act, the Central government has the power to issue directives for limited access to any online information. The Intermediary guidelines Rules, 2011 helped in establishing a framework that is followed when some material is published on any computer resources. These guidelines were also applicable on OTT (Over-the-top) platforms. During the period of COVID-19, there was a great transition from cable television to OTT platforms like Netflix, Prime, Hotstar, etc. After years of debating on regulating framework the Ministry of Electronics and Information Technology introduced these new guidelines and these will be referred to as “publishers of online curated content”. all the OTT platforms, online news, and digital media businesses would be required to comply with the code of ethics.
KEY FEATURE OF THE INTERMEDIARY GUIDELINES
An intermediary guideline observes the due diligence measures in the course of discharging its duties. These due diligence measures include- - The rules and regulation, privacy policy, and user agreement should inform the user computer resource not to host, display, upload, or share any information that is inter alia. Belongs to any other person to which the user does not have to right, is harmful to the child, or is defamatory, obscene, pornographic, or is invasive in someone’s privacy. - Prominently publishing content on the website, mobile-based application, or of a similar kind, the rules and regulations of the privacy policy and user agreement for usage of computer resource by a person. - A social media intermediary will be required to comply with some additional diligence measures which include the appointment of a nodal contact person for 24X7 coordination with law enforcement agencies and officers to ensure compliances with the order, appointing chief compliance officers who are responsible for ensuring compliance with IT Act and rules which are framed thereunder will be liable in any proceedings related to the relevant thirdparty information. - A significant social media intermediary (i.e. an intermediary that has registered users in India above this threshold notified by the central government) will, inter alia, undertake to implement technology-based measures, including automated tools or other mechanisms to identify proactive information describing any act or simulation in any form depicting rape, abuse or sexual conduct of minors, express or implied, or any information that has been disabled on such intermediary's computer resource. - The rules have prescribed a Code of ethics by publishers and for addressing the grievance against the publisher made a three-tier grievance redressal structure under which: Level I is the self-regulating mechanism which means that there will be a grievance officer who shall be responsible for redressal of complaints received by him. Level II is a self-regulating body that says that there must be one or more independent self-regulating bodies of publishers who will be responsible for publication made oversee and ensure alignment with the code of ethics. Level III is an oversight mechanism which is Ministry of Electronics and Information Technology must coordinate and facilitate the adherence which is prescribed by the code of Ethics by self-regulating bodies to develop mechanisms for performing the prescribed functions which are inter alia.
CONCLUSION
The government of India observed some models which was prevailing in different countries while contemplating the extent of the framework proposed for the regulation of social media and digital media platform in India. the development of these guidelines is an attempt to develop soft-touch ad self-regulatory combined with a three-tier grievance redressal mechanism for digital media platforms operating in India. these laws are designed to create a framework that is self-regulatory for internet intermediaries and social media companies. The code of ethics which is prescribed under Intermediary guidelines is an attempt to make regulate the classification of films and other entertainment programs which also include web series on the basis of the nature of the content. Compliance with these guidelines is considered a difficult assignment for social media and digital media platforms. These guidelines were challenged on the ground that they are limiting the freedom of speech and expression. The address has challenges of protecting and safeguarding the right of victims who are affected by social media abuse and also the freedom of expression, a delicate balance would be required.
FOOTNOTES-
Ipleaders, https://blog.ipleaders.in/overview-key-regulations-ir-rules-2021/
Lex life India, https://lexlife.in/2021/06/30/information-technology-intermediaryguidelines-and-digital-media-ethics-code-rules-2021