Rules To Regulate Social Media Intermediaries, News Portals And Ott To Be Notified – Parinam Law Associates

Introduction:

The Ministry of Information and Broadcasting vide its notification dated 25th February 2021, has introduced the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Rules”) for governing content on social media platforms and OTT platforms. The Rules are promulgated by the Central Government pursuant to its rule-making powers under Section 87 of the Information Technology Act, 2000 (“the Act”).

Key Highlights:

As per information available on the website of the Press Information Bureau, Government of India, the following are the key highlights of the Rules:

• The Rules set out a policy and process driven due diligence for social media intermediaries to comply with. Non-compliance thereto has a severe consequence of removal of immunity granted to intermediaries under section 79 of the IT Act.
• Clearly identifies content/ information that is contrary to and/or inconsistent with the prevailing laws including content/ information which breaches copyright, is defamatory or obscene, harmful to a child, impersonates another etc. (“Offending Content”).
• Provides process for removal/ takedown of Illicit Content by the social media intermediary either (i) voluntarily, (ii) based on a complaint or grievance or (iii) pursuant to an order of a court or notification by the appropriate government.
• Sets out a thorough process to trace the origin / first originator of content.
• The Rules introduce a three-tier mechanism for regulation of media / online content.
• Confers powers upon an inter-ministerial committee to recommend a block / takedown direction pursuant to a complaint received after following the process set out under the Rules.
• Social media and OTT platforms will be required to appoint compliance officers, namely the (a) chief compliance officer, (b) nodal contact person and (c) the resident grievance officer to enhance accountability and ensure compliance with the Rules. All these officers are required to be resident in India.
• With an emphasis on self-regulation and content classification, a content rating system has been introduced which must be used by OTT platforms to classify content according to context, theme, tone and impact, and target audience. They will also have to display content descriptors prominently for users to see before accessing the content.
• Social media and OTT platforms are also expected to enable access control mechanisms, including parental locks, for content for those over 13 and put in place a reliable age mechanism regulation.

Our detailed analysis on the Rules to follow shortly.