News Highlights
The Ministry of Electronics and Information Technology has floated a fresh draft of Amendments to the IT Rules, 2021.
Proposed Four Amendments to the IT Rules, 2021
- Insertion of 3(1)(a) and rule 3(1)(b) in IT Rules 2021
- Requiring intermediaries to ensure that users comply with requirements in rule of the IT Rules 2021
- It was added in larger interest of the safety and trust while also making the intermediaries accountable.
- This will ensure actual enforcement of the requirements in the IT Rules 2021 in letter and spirit.
- Addition of rule 3(1)(m) and 3(1)(n) to respect the principles of the Constitution of India:
- Which requires intermediaries to respect rights guaranteed to users under the Constitution of India.
- This has been made necessary because a number of Intermediaries have acted in violation of constitutional rights of Indian citizens
- Additional responsibilities on grievance officers
- If a user complains about content which is “patently false”, a grievance officer will have to expeditiously address it within 72 hours.
- The ministry has proposed this due to the chances of false content becoming viral.
- Grievance Appellate Committee
- The Central Government shall constitute one or more Grievance Appellate Committees,
- Committee consist of a Chairperson and such other Members, as the Central Government may, by notification in the Official Gazette, appoint
- In case a user is not satisfied with the content moderation decision taken by a company’s grievance officer, they can appeal that decision before the proposed government-appointed appeals committee.
- “Every order passed by the Grievance Appellate Committee shall be complied with by the concerned intermediary,”
- Even after this amendment, the users will have the right to directly approach a court of law against the intermediary’s decision.
Information Technology Rules 2021
- February of this yearGovernment issued the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
- The 2021 Rules replace the Information Technology (Intermediaries Guidelines) Rules, 2011.
- The earlier set of rules which were only applicable to intermediaries.
- The new Rules also significantly broadened the area of intermediary oversight, as well as bringing online news content and Over-The-Top (“OTT”) platforms under its purview.
- Key features of the rules
- Providing users, the privacy policy, rules and regulations, and terms and conditions for using its services.
- Upon a court or government order, blocking access to illegal information within 36 hours.
- The intermediary shall not publish any information that is against the interests, unity, integrity, and sovereignty of the state.
- Within 24 hours of receiving a complaint, the intermediary shall take all appropriate steps to disable access to material that is non-consensual and sexual in nature.
- Identification of the First Originator of Information.
- After a user’s registration has been canceled or withdrawn, the information gathered for registration should be stored180 days.
- A grievance Officer to oversee victim complaints must be appointed and his information should be published on the intermediary’s website or application.
- Mandatorily publishing a Monthly Compliance Report containing details of complaints received and action taken thereon.
- As per the rules the intermediaries must appoint Chief Compliance Officer, a Nodal Contact Person, and a Resident Grievance Officer.
- Additionally, for social media intermediaries there is an additional provision for ‘Voluntary User Verification.
- Social Media Intermediary to deploy” technology-based measures such as automated tools or other frameworks for proactively identifying any information that depicts any act or stimulation and information identical to the content that has been removed/disabled.
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Content Source – Indian Express