Centre Notifies Rules For Regulation of Social Media Intermediaries, OTT Platforms & Online Media

The Central Government on Thursday announced the Information Technology (Guidelines For Intermediaries And Digital Media Ethics Code) Rules, 2021 to regulate the social media intermediaries, OTT platforms and online news and current affairs websites. The Rules prescribing a Code of Ethics and a three-tier content regulation mechanism have been framed under the decades old Information Technology Act, 2000. They have come into force with their notification in the Official Gazette today. Code of Ethics in Relation to Digital/Online Media The Code of Ethics shall inter alia apply to publishers of online curated content and intermediaries. It stipulates that an applicable entity shall exercise due caution and shall take into consideration the following factors, when deciding to feature any content on its platform: Content which affects the sovereignty and integrity of India; Content which threatens, endangers or jeopardizes the security of the State; Content which is detrimental to India's friendly relations with foreign countries.India's multi-racial and multi-religious context.Activities, beliefs, practices, or views of any racial or religious group in India. It also stipulates categories of rating from U to A based on several factors like language, nudity, violence, etc.The Ministry shall establish an online Grievance Portal, as the central repository for receiving and processing all grievances from the public in respect of the Code of Ethics Three-tier grievance redressal framework for news sites and OTT platforms For ensuring adherence to the abovesaid Code of Ethics and for addressing the grievances thereof, the Government has proposed a three-tier structure as under: Level I - Self-regulation by the applicable entity An applicable entity shall establish appoint an India based Grievance Redressal Officer, for redressal of grievances. He shall act as the nodal point for interaction with the complainant, the self-regulating body and the Ministry. The applicable entity shall address the grievance and inform the complainant of its decision within 15 days. Level II — Self-regulation by the self-regulating bodies of the applicable entities All applicable entities shall come together to form an independent "Self-Regulatory Body" that shall be headed by a retired judge of the Supreme Court or of a High Court, appointed from a panel prepared by the Ministry. The Body will further comprise of maximum six members, being experts from the field of media, broadcasting, technology and entertainment. This Body shall perform the following functions: Oversee and ensure adherence to the Code of EthicsProvide guidance to such entities on various aspects of the Code of EthicsAddress grievances which have not been resolved by such entities within the stipulated period of 15 daysHear appeals filed by the complainant against the decision of such entitiesIssue advisories to entities for ensuring compliance to the Code of Ethics While disposing a grievance or an appeal, the Self-regulatory Body shall have the following powers: Issue warning, censure, admonish or reprimand such entityRequire an apology by such entityRequire such entity to include a warning card or a disclaimer Further, in case the Body is of opinion that there is a need for taking of action in relation to the complaint under Section 69A of the IT Act, refer such complaint to the Oversight Mechanism. Level III - Oversight mechanism by the Central Government Where the applicable entity fails to comply with the advisories of the self-regulating body, the latter shall refer the matter to the Oversight Mechanism within prescribed time. The Oversight Mechanism with have the following functions- Publish a charter, including Codes of Practices, for self-regulating bodiesDevelop the Grievance portal for prompt disposal of the grievancesEstablish an Inter-Departmental Committee for hearing grievancesRefer to the Inter-Departmental Committee grievances arising out of the decision of the self-regulating body or where no decision has been taken by the self-regulating body within the stipulated time period Inter-Departmental Committee The IT Ministry shall constitute an Inter-Departmental Committee consisting of representatives from: Ministry of Information and BroadcastingMinistry of Women and Child DevelopmentMinistry of Law and JusticeMinistry of Home AffairsMinistry of Electronics and Information TechnologyMinistry of External AffairsMinistry of DefenceIndian Computer Emergency Response Team Such other Ministries and Organizations, including domain experts, that it may decide. The functions of this Committee shall include hearing complaints regarding violation or contravention of the Code of Ethics by an applicable entity — arising out of grievances...

Centre Notifies Rules For Regulation of Social Media Intermediaries, OTT Platforms & Online Media

Akshita Saxena

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