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

 

 Information Technology  Rules 2021

(Intermediary Guidelines and Digital Media Ethics Code)

Recent context: 

The Central Government enacted the Information Technology (Guidelines For Intermediaries And Digital Media Ethics Code) Rules-2021. This IT  rules covered Social Media and OTT platform.

Background Factors: 

• 2018: SC Guidelines: Supreme Court give guidelines to eliminate child pornography, rape and gangrape imageries, videos and sites in content hosting platforms and applications.

• 2020: Ad-hoc committee: Ad-hoc committee of the Rajya Sabha give the report after studying issue of pornography on social media and its effect on children and society.

• On February 25, the Centre government framed the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021,  in the exercise of powers under section 87 (2) of the Information Technology Act, 2000 and which will come into effect from May 26.

• The new Rules have been passed under Sections 69A(2), 79(2)(c) and 87 of the Information Technology Act, 2000.

Key points of IT rules:

New Guidelines for Social Media/Intermediaries:

1. Categories of Social Media Intermediaries
2. Due Diligence to be Followed by Intermediaries
3. Grievance Redressal Mechanism is Mandatory
4. Ensuring Online Safety and Dignity of Users
5. Additional Due Diligence for the Significant Social Media Intermediaries
6. Removal of Unlawful Information

 

 Rules for News Publishers and OTT Platforms and Digital Media:

1. For OTT

• Self-Classification of Content
• Parental Lock Display Rating

1. For Publishers of News on Digital Media
2. Grievance Redressal Mechanism
3. Self-regulation by the Publisher
4. Self-Regulatory Body
5. Oversight Mechanism

Overview of the new rules:

• It mandates a grievance redressal system for over the top i.e. OTT and digital portals in the country. This is necessary for the users of social media and digital to raise their grievance against the misuse of social media.

• All Significant social media firms have to appoint a chief compliance officer and have a nodal contact person who can be in touch with law enforcement agencies 24/7 which means  every time.

• A Grievance officer: All Social media platforms will also have to name a grievance officer who shall register the grievance within 24 hours and dispose of it in 15 days.

• Removal of contents: If there are complaints against the dignity of users, particularly women and child – about exposed private parts of individuals or nudity or sexual act or impersonation etc. – social media platforms will be required to remove that within 24 hours after a complaint is made.

• Monthly report: They also will have to publish a monthly report about the number of complaints received and the status of redressal.

• There will be Three levels of regulations for News Publishers Agency — self-regulation, a self-regulatory body, headed by a retired judge or an eminent person, and oversight from the Information and Broadcasting Ministry, including codes of practices and a grievance committee.

Issues with the rules: 

1. Affects right to free speech and expression
2. Violation of legal principles
3. Deprives the fair recourse to intermediary
4. Privacy violation
5. Operational cost

 

Conclusion:

"I disapprove of what you say, but I will defend to the death your right to say it". The IT Rules 2021 have tilt towards violation of rights. Therefore, these rules need to talk between government and intermediaries and put open in common people debate.