New Delhi (NVI): The Government today announced new rules to regulate content on social media, OTT platforms and online news portals while asking the social media companies such as WhatsApp to aid in identifying the “originator” of certain messages containing unlawful information.
In a press conference, Union Electronics & Information Technology Minister Ravi Shankar Prasad and Union Minister for Information and Broadcasting Prakash Javadekar spoke on the newly drafted rules to regulate digital content and maintain accountability of social media and OTT platforms.
The government welcomes criticism and right to dissent but it is very important for the users of social media to have a forum to raise their grievance against the misuse of social media: Union Minister @rsprasad #ResponsibleFreedom #OTTGuidelines pic.twitter.com/nsowrwbzt0
— PIB India (@PIB_India) February 25, 2021
“The Rules will come in effect from the date of their publication in the gazette, except for the additional due diligence for significant social media intermediaries, which shall come in effect 3 months after publication of these Rules,” the Ministry of Information & Broadcasting said in a statement.
“Persistent spread of fake news has compelled many media platforms to create fact-check mechanisms. Rampant abuse of social media to share morphed images of women and contents related to revenge porn have often threatened the dignity of women. Misuse of social media for settling corporate rivalries in blatantly unethical manner has become a major concern for businesses. Instances of use of abusive language, defamatory and obscene contents and blatant disrespect to religious sentiments through platforms are growing,” the I&B Ministry said.
“The Rules 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,” it added.
MeITY Minister Ravi Shankar Prasad said that the Government has not framed any new law and these rules have been framed under the existing IT Act. “We are trusting the platforms to follow these regulations. The focus of this guideline is on self-regulation,” he said during the press conference.
As per the Ministry, a three-level grievance redressal mechanism has been established under the rules with different levels of self-regulation:
Level-I: Self-regulation by the publishers;
Level-II: Self-regulation by the self-regulating bodies of the publishers;
Level-III: Oversight mechanism.
“The government welcomes criticism and right to dissent but it is very important for the users of social media to have a forum to raise their grievance against the misuse of social media,” Union Minister Ravi Shankar Prasad said.
Prasad said that the social media platforms, upon being asked either by the court or by the government authority, will be required to disclose the first originator of the mischievous tweet or a message.
The Minister further said that a Grievance redressal mechanism should be developed and there should be a Grievance Redressal Officer. He said the grievance should be registered within 24 hours and disposed in 15 days.
He said the users who wish to verify their accounts voluntarily shall be provided an appropriate mechanism to verify their accounts and provided with demonstrable and visible mark of verification.
On OTT platforms, Union Minister Prakash Javadekar said the Government has decided to have 3 tier mechanism:
- OTT and Digital news media have to disclosed their details
- Grievance redressal system for Digital and OTT platforms
- Self regulatory body headed by retired SC or HC judge
The Ministry said that new rules have been framed 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 Ministry said.
The rules stated that intermediaries providing services primarily in the nature of messaging would “enable the identification of the first originator of the information on its computer resource” as may be required by a court order or an order passed under Section 69 of the IT Act by the Competent Authority.
-ARK
