WHY IN NEWS
The information technology(guidelines for intermediaries and digital media ethics code) rules,2021 was enacted by the central government of India in February 2021 and last date for intermediaries to comply with the rules was 25 may 2021.
- recently, WhatsApp sued the government of India over the rules.
- Immediately following the publication of the rules, many petitions have been filled challenging the rules with respect to the digital News media.
The information technology(guidelines for intermediaries and digital media ethics code)rules,2021
The 2021 rules have originated from section 87 of the information technology act,2020 and supersede the previously enacted information technology(intermediary guidelines)rules 2011.
Administered by- Ministry of electronic and information technology.
New Guidelines for social Media/intermediaries:-
- Social media and intermediaries classified into two categories:-
- Social media intermediaries.
- Significant social media intermediaries.
- Due Diligence to be followed by intermediaries:-
- If due diligence is not followed by the intermediary then they will not be applicable for safe harbour provisions.
- Safe Harbour:- Defined under section 79 of the IT act and also protect social media intermediaries.
- Section 79:- Exemptions from liability of intermediaries in certain cases.
- Grievance Redressal Mechanism(mandatory):-
- Mandatory for intermediaries to appoint a grievance officer to deal with complaints and share the name and contact details of such officers.
- Grievance officer shall acknowledge the complaint within 24 hours and resolve it within 15 days from its receipt.
- Ensuring Online Safety and Dignity of users:-
- Intermediaries shall remove or disable such contents that exposes the nudity, sexual act, offences images etc. within 24 hours of the complaints received.
- complaint of offensive nature can be filled either by individuals or any person on behalf of the individuals.
- Additional Due Diligence for the Significant social Media intermediaries:
- Intermediaries need to appoint:-
- Chief compliance officer
- Nodal officer
- Grievance officer
- Intermediaries need to publish a monthly compliance report mentioning:-
- detail of complaints received
- action taken on the complaints
- detail of contents removed proactively
- Enabling identity of the originator:-
- Enable identification of the first originator of the information.
- the purpose of prevention, detection, investigation, prosecution or punishment of an offence only for sovereignty and integrity of India, the security of state, friendly relations with foreign states, or public order. if an offensive crime committed Imprisonment not less than five years.
- Removal of unlawful information:-
- An intermediary upon receiving actual knowledge in the form of an order by a court or being notified by the appropriate Govt. or its agencies through authorized officer should not host or publish any information which is prohibited under any law in relation to the interest of the sovereignty and integrity of India, public order, friendly relations with foreign countries etc.
- They would have to self classify the content into five category based on age:-
- U
- U/A 7+
- U/A 13+
- U/A 16+
- A (adult)
- OTT platforms would be required to provide parental lock systems for content classified U/A 13+ or higher, and have age verification mechanism for content classified as "adult".
- under the rule a three level grievance redressal mechanism has been established with different levels of self regulation.
- Level-1:- Self regulation by the publishers
- Level-2:- Self-regulation by the self-regulating bodies of the publishers
- Level-3:- Oversight mechanism
