New IT Rules 2021 | Digital Media Ethics Code 2021- Detailed

Intermediary Guidelines and Digital Media Ethics Code 2021

Social media usage has exploded in India, with platforms like WhatsApp, YouTube, Facebook and Instagram having hundreds of millions of users each. This proliferation of social media has led to issues like spread of misinformation, cyberbullying, and unlawful activities online.

The Indian government introduced the Information Technology (IT) Rules in 2021 to regulate social media intermediaries and curtail unlawful content. The rules place greater accountability on platforms to address content-related grievances and trace originators of problematic messages.

In 2023, amendments were proposed to extend regulations to online gaming and empower a government fact-check unit to identify “fake news”. While the rules aim to create a safer online space, concerns remain about potential overreach and threats to free speech. Thus, there is a need to strike a balance between prudent regulation and open internet access to harness India’s technology potential.

The new IT Rules 2021 comes at a time when the number of internet users especially the Social media users have grown significantly. The Social media platforms user base has grown tremendously in India. According to PIB(Press information Bureau ) news the number of users of various social media platforms in India are as follows

  • WhatsApp 53 crores
  • YouTube 44.8 crores
  • Facebook 41 crores
  • Instagram 21 crores
  • Twitter 1.75 crores

The use of mobile phones and internet has grown extensively in India and so does the expansion of social media platforms. India is now World’s largest open internet society.

Key Provisions of IT Rules 2021

  • Due diligence requirements for intermediaries
  • Grievance redressal mechanisms
  • Restrictions on certain types of content
  • Additional rules for significant social media intermediaries
    • Appoint grievance officer, nodal officer, compliance officer
    • Publish monthly compliance report
    • Enable tracing of originator of messages
    • Have physical contact address in India
  • Oversight mechanism by government

The IT Rules 2021 place certain due diligence requirements on intermediaries like social media platforms to make efforts that unlawful content is not hosted on their platforms. Intermediaries are required to inform users not to host certain types of content prohibited under law. They must acknowledge complaints about unlawful content within 24 hours and resolve them within 15 days.

The rules also mandate grievance redressal mechanisms. Intermediaries have to appoint a grievance officer based in India who will be the point of contact for complaints. Users can escalate complaints to this officer if not resolved by the platform.

Intermediaries are prohibited from hosting certain types of content like those infringing privacy, promoting gambling, threatening public order, etc. Additional obligations are placed on significant social media intermediaries with over 50 lakh users. They have to appoint compliance and nodal officers to coordinate with law enforcement. Significant platforms also need to publish monthly compliance reports about complaints and actions taken.

Significant social media intermediaries providing messaging services must enable tracing of originators of messages to help investigation of serious offences related to sovereignty, state security, public order etc. They also have to set up physical contact addresses in India.

The IT Rules also provide for a government oversight mechanism. An inter-departmental government committee can hear grievances escalated from self-regulatory bodies. The committee can give recommendations to the intermediary or recommend blocking of unlawful content. This aims to ensure platforms take prompt action against problematic content.

IT Amendment Rules 2023

  • Obligations related to online gaming
  • – Registration with self-regulatory body
  • – Restrictions on certain types of games
  • – Requirements related to real money games
  • Removal of government identified “fake” news
  • Grievance appellate committees

The IT Amendment Rules 2023 introduce new regulations for online gaming platforms and intermediaries. Online gaming intermediaries must register with a self-regulatory body which will verify whether a game qualifies as a “permissible” real money game or not based on factors like chance of addiction and financial loss.

Platforms cannot host online games that may harm users, especially minors. Real money games have added requirements like displaying winnings policies, obtaining KYC details, and not offering credit to users. Intermediaries also cannot advertise or promote non-permissible games.

The amendments empower a government fact check unit to identify “fake or false” information regarding the Central Government’s businesses. Intermediaries will be required to take down such content identified as fake or face losing their safe harbor protections.

The IT Ministry will establish one or more Grievance Appellate Committees. Users can appeal to these committees if their grievance is not addressed within the stipulated period by the grievance officer. The committees have to resolve appeals within 30 days through an online dispute resolution mechanism.

These amendments aim to regulate online gaming like real money wagering games and combat misinformation related to government affairs. However, concerns have been raised about increased government control over online content without adequate oversight mechanisms.

In these IT rules, there are two sets of rules released,

  • Part-ii governing social media which will be administered by the Ministry of electronics and IT 
  • Part-iii related to ethical code will be administered by the Ministry of Information and Broadcasting.
new it rules 2021
new it rules 2021

Guidelines for Social Media

First of all, the Government of India has classified social media into two categories based on the number of users of Social Media platforms.

  • Social media intermediaries
  • Significant Social media intermediaries – User Base Greater than 50 Lakhs in India

The rules for social media apply to both kinds of Social Media intermediaries, additionally few separate rules are to be followed by Significant Social Media intermediaries.

Guidelines for Social Media Intermediaries are:

Due Diligence Requirements

  • Inform users not to share illegal or harmful content through privacy policies and user agreements
  • Acknowledge complaints about certain types of content within 24 hours and resolve within 15 days

Additional Rules for Significant Intermediaries

  • Appoint grievance, nodal and compliance officers based in India
  • Publish monthly compliance report on complaints received and actions taken, including proactive content removal
  • Enable tracing originators of messages for serious offences (messaging platforms)
  • Have a physical contact address in India

Oversight Mechanism

  • Government can set up an inter-departmental committee to hear escalated grievances
  • Committee can give recommendations to intermediaries regarding content violations

Key Objectives

  • Ensure social media platforms take prompt action against illegal and dangerous content
  • Make platforms more accountable and transparent through grievance redressal processes
  • Help law enforcement agencies investigate serious offences involving social media
  • Protect online users, especially women and children, from harm

Additional rules which need to be followed by Significant Social Media intermediaries:-

1. Appoint a Chief Compliance officer——Who will ensure compliance with rules and guidelines, such a person should be a resident in India.

2. Appoint Nodal Contact Person——For 24×7 coordination with law enforcement agencies, such a person also shall be a resident in India.

3. Appoint Resident Grievance Officer.——Will enforce grievance redressal mechanism is properly followed, such person shall be resident in India.

4. Publish Monthly Compliance Report——Report containing details of complaints, action taken as well details of contents removed proactively.

5. Identification of first originator of the information——Social media intermediaries having messaging services shall enable a mechanism to identify the first originator of an information, for the purpose of prevention, investigation, detention, punishment and prosecution of an offence against security and integrity of India.

6. Physical contact address in India——Significant Social Media intermediaries shall have a physical contact office in India.

7. Voluntary user verification mechanism——Users who wish to voluntarily verify their social accounts should be provided a mechanism to verify their account. A visible mark of verification should also be provided on verification.

8. Opportunity to be Heard to the users——Whenever social media intermediaries disable access to any information on their own, a prior information of the same should be given to the uploader along with reasons for such actions. Further the users must be provided the opportunity to dispute the action taken by the intermediaries.

9. Removal of Unlawful Information——When law agencies or authorised officers orders the social media intermediaries to not host or publish any information which is against law or hampers sovereignty and integrity of India, it should be taken down.

Digital Media Ethics Code applicable to OTT platforms and Digital Media platforms.

These provisions are contained in Part-3 of guidelines and are administered by the Ministry of Electronics and IT.

  • Publishers of News on Digital Media would have to follow the Norms of Journalistic Conduct of the Press Council of India, also the Programme Code under the Cable TV Networks Regulation Act. 1994
  • Self classification of content. The OTT platforms are required to self classify the content into Five age based categories.
    • U- universal
    • U/A – 7+
    • U/A- 13+
    • U/A- 16+
    • A- Adult
  • Implement parental locks for content classified as U/A 13+ and higher.
  • Reliable age verification process for content classified as Adult.
  • Display content descriptor advisory
  • Not to show prohibited content.
  • Three tier Grievance redressal mechanism
    • Level- I : self regulation by publisher—– A Grievance Redressal Officer shall be appointed by the publisher of content, which shall be based in India. Decisions on every complaint should be taken within 15 days.
    • Level- II: Self Regulating Body—–There should be one or more Self regulatory bodies of publishers which will oversee adherence to the code of conduct rules and implementation of grievance redressal mechanisms.
    • Level-III : Oversight Mechanism—–The Ministry of Information and Broadcasting will publish a charter for Self regulatory bodies of Publisher which will also include Code of practices. Overall mechanism will be under oversight of the Ministry of IB.

Benefits of New IT Rules according to the government

These benefits are mentioned in the officially released document of government of India. Benefits of Intermediary Guidelines and Digital Media Ethics Code 2021 are classified into 3 as follows:

For Media & Entertainment Sector i.e OTT Platforms

  • Sustainable Growth—-Promote Champion Audio-Visual Services Sector
  • Avoid Litigation—-Informed Decisions by Content Creators
  • Artistic Freedom—-No pre-censorship
  • Self-Classification—-No delays

For Citizens & Society.

  • Quality Content—-Better Journalistic and Entertainment Content
  • Protecting Children—-Access Control and Age Verification
  • Citizen Empowerment—-Informed Choice, Effective Grievance Redressal
  • Curbing Misinformation—-Accountability of Digital News Publishers

For Digital News Publishers

  • Sustainable Growth—-Quality journalism through transparency
  • Freedom of Press—-Arm’s length from Government
  • Level Playing Field—-Similar principles for online and offline news
  • Curbing Misinformation—-Reducing fake news on digital media
benefits of New it Rules 2021
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