IT Amendment Rules, 2023

Draconian rules: On the impact of the IT (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023.

Immediate efforts to combat misinformation, often known as “false news” and the slightly inaccurate “fake news,” are required.
This, however, begs the question of whether the Union government or its divisions can act as the regulating entity.
The Union government has included a provision for a fact-checking unit to identify fake, inaccurate, or misleading online content relating to the government in the IT Amendment Rules, 2023.
Intermediaries, such as social media corporations or internet service providers, are used to combat such content recognised by this unit.
It must act or risk losing its “safe harbour” protections under Section 79 of the IT Act.
It permits intermediaries to avoid liability for content posted by third parties on their websites.

New Guidelines for Social Media Intermediaries
- Today, intermediaries are only required to advise users about prohibiting uploading specific harmful/illegal content.
- These amendments make intermediaries legally obligated to take reasonable measures to prevent users from uploading such content.
- The new clause will ensure that the intermediary’s obligation is more than a formality.
- The amendment requires intermediaries to respect the rights given to users under Indian Constitution Articles 14, 19, and 21.
- A fair expectation of due diligence, privacy, and transparency is included.
- It is critical for efficient communication of the intermediary’s rules and regulations to take place in regional Indian languages as well.
Amendments to the Rule 3
- The justifications in rule 3(1)(b)(ii) have been rationalised by deleting the phrases “defamatory” and “libellous.”
- Legal action will be taken to ascertain whether the content is defamatory or libellous.
- Some of the content categories in Rule 3’s subclause 1 (rule 3(1)(b)) have been rewritten to address misinformation and content that could inspire violence between religious/caste groups.
Establishment of Grievance Appellate Committee
- Grievance Appellate Committee(s) will be formed to allow users to challenge intermediaries’ inaction or decisions on user complaints.
- Nonetheless, customers will always be able to seek redress in court.

Mandates Social Media to Exercise Greater Diligence
- The IT Guidelines (2021) require social media platforms to be more cautious about the material on their platforms.
Establish a Grievance Officer
- They must establish a grievance redressal mechanism and remove unlawful and unfitting content within stipulated time frames.
Ensuring the Online Safety and Dignity of Users
- Intermediaries must remove or disable access to content that exposes persons’ private parts within 24 hours of receiving a complaint.
- Display such individuals in full or partial nudity, in a sexual act, or in mimicry, including altered photos, and so forth.
Educating Users about the Privacy Policies
- Social media networks’ privacy policies must ensure that users are taught about not spreading copyrighted information.
- Anything perceived as libellous, racially or ethnically offensive, paedophilic, endangering India’s unity, integrity, defence, security, or sovereignty, or violating any modern law.

Online gaming and social media intermediaries must use greater caution.
To ensure the safety and trust of the Digital Nagriks and to provide every possibility for entrepreneurs and innovation.
Let the Indian online gaming ecosystem expand and grow, becoming a key driver of India’s trillion-dollar digital economy objective by 2025-26.

The new provision on the legal need to ensure rule compliance will ensure that the intermediary’s obligation is more than a formality.
This is because SMIs are now obligated to “make reasonable” measures to prevent users from hosting banned content on their platforms.
This significantly increases SMIs’ responsibilities and capacity to control and moderate content on their platforms.
Given the role of SMIs in public debate and the consequences of their activities on people’s basic rights, the horizontal application of fundamental rights is commendable.
When a complaint is received, SMIs must erase the information or a communication link relating to the six forbidden content categories.
They must remove such information within 72 hours of receiving a complaint.
Given the virality with which content spreads, this is a key step in limiting its dissemination.
Providing “accessibility” may compel SMIs to increase inclusion in the SMI ecosystem, such as;
- Allowing people with disabilities and people from different language backgrounds to participate.
SMIs’ in-house grievance redressal will now be more accountable, and the appellate procedure will be more accessible to users.

Pic Courtesy: Deccan Herald

Content Source: The Hindu