News Highlight
The Ministry of Electronics and IT has notified amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, on October 28.
Key Takeaway
- The draft generated considerable discussion and comment on the regulation of social media.
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
- About
- It was notified by the Central government and relates to digital news publishers, including websites, portals and YouTube news channels, and Over The Top (OTT) platforms, which stream online content such as web series and films.
- Administration
- It is jointly administered by the Ministry of Electronics and IT, and the Ministry of Information and Broadcasting.
The need to amend the IT Rules, 2021,
- To protect the interests of netizens
- There was a need to ensure that big tech platforms are not contravening the interests and constitutional rights of netizens.
- Grievance Redressal
- IT Rules, 2021 strengthens the grievance redressal framework in the Rules.
- Startups
- Compliance with the IT Rules, 2021 should not impact early-stage Indian startÂups.
Key Features of the Rules
- Role social media intermediaries (SSMIs)
- SSMIs are required to observe certain additional due diligence such as appointing certain personnel for compliance, enabling identification of the first originator of the information on its platform under certain conditions, and deploying technology-based measures on a best-effort basis to identify certain types of content.
- Regulation of content
- The Rules prescribe a framework for regulating content by online publishers of news and current affairs content and curated audio-visual content.
- Grievance redressal mechanism
- All intermediaries are required to provide a grievance redressal mechanism for resolving complaints from users or victims.
- A three-tier grievance redressal mechanism with varying levels of self-regulation has been prescribed for publishers.
Key Issues
- Beyond the powers delegated under the Act
- The Rules may be going beyond the powers delegated under the Act in some instances, such as where they provide for the regulation of significant social media intermediaries and online publishers and require certain intermediaries to identify the first originator of the information.
- Restriction of the Fundamental right
- Grounds for restricting online content are overbroad and may affect freedom of speech.
- The privacy of individuals
- Requiring messaging services to enable the identification of the first originator of information on its platform may adversely affect the privacy of individuals.
Content Source: The Hindu