The Ministry of Electronics and Information Technology (MeITY) has announced its draft Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, for social media platforms, OTT players & digital media on 25/2/2021 , with significant recommendations including asking social media companies to give out the originator of a message or tweet as the case may be.
“We have not framed any new law. We have framed these rules under the existing IT Act,” MeITY minister Ravi Shankar Prasad during a press conference announcing these rules. “We are trusting the platforms to follow these regulations,” he said. “The focus of this guideline is on self-regulation.”
The Rules will come in effect from the date of their publication in the gazette, except for the additional due diligence for significant social media intermediaries, which shall come in effect three months after publication of these Rules.
The rules also made a distinction between a significant social media intermediary and a regular social media intermediary. The government is yet to define the user size to determine who will constitute a significant social media intermediary, though the minister indicated players with more than 50 lakh users will be considered.
Social media companies and redressal
The government wants social media companies to have a mechanism to address complaints from users. It wants social media intermediaries to have the following:
- Chief Compliance Officer who shall be responsible for ensuring compliance with the Act and Rules.
- Nodal Contact Person for 24×7 coordination with law enforcement agencies.
- Resident Grievance Officer who shall perform the functions mentioned under Grievance Redressal Mechanism.
All these officers have to be residents of India.
Track originator of a message
The rules call for tracking of the ‘first originator’ of a message and apply to a significant social media intermediary. It also wants the significant social media intermediary to have a physical contact address in India published on its website or mobile app or both. For players like WhatsApp, which are end-to-end encrypted, this could mean they will be forced to break encryption in India in order to comply.Track originator of a message
The rules also call for tracking of the ‘first originator’ of a message and apply to a significant social media intermediary. It also wants the significant social media intermediary to have a physical contact address in India published on its website or mobile app or both. For players like WhatsApp, which are end-to-end encrypted, this could mean they will be forced to break encryption in India in order to comply.
The government says while it is not interested in the content of the message, they wish to know who started the ‘mischief’. It wants social media platforms to disclose the first originator of the mischievous tweet or message as the case may be. This will be required in matters related to security and sovereignty of India, public order, or with regard to rape or any other sexually explicit material.
The rules also say that “users who wish to verify their accounts voluntarily shall be provided an appropriate mechanism to verify their accounts and provided with demonstrable and visible mark of verification.”
OTT content platforms, digital media guidelines
The government has called for a grievance redressal system for OTT platforms and digital news media portals as well. The government is also asking OTT platforms and digital news media to self-regulate and wants a mechanism for addressing any grievances.
While films have a censor board, OTT platforms will require to self-classify their movies and content based on age. The content will have to be classified based on age appropriateness. The government wants the OTT players to classify films based on 13+, 16+ and those for adults and clarified it is not bringing any kind of censorship to these platforms.
There has to be a mechanism of parental lock and ensuring compliance with the same. Platforms like Netflix already have an option for a parental lock.
The Internet and Mobile Association of India (IAMAI) has appealed to the central government to initiate a public dialogue by inviting comments if it desires to notify any draft guidelines to regulate OTT (over-the-top) platforms.
In a statement 24/2/22021 , the industry body said it was “dismayed” over the government’s plans to frame such guidelines, as reported in the media, without consulting the association or any other stakeholder.
After coming up with a universal self-regulation code last year, the IAMAI brought out an implementation toolkit earlier this month to help the streaming platforms put into practice the Universal Self-Regulation Code signed by 17 OTT players. The toolkit also addressed certain issues flagged by the government, such as lack of independent third-party monitoring and clarity on what comprises prohibited content.
“The industry has been working collectively to formalise transparent and stringent guidelines for Self-regulation, but has been completely perturbed by the lack of any consultative process administered with the stakeholders that us
The proposed content code for OTTs
It is reported that the new content code drafted by the government could take a cue from the programme code prescribed under the Cable TV Network Rules, 1994 and an “inter-ministerial committee (IMC) kind of body” — currently in place to decide on specific violations by television channels — to take a call over specific complaints on OTT content.
The MeiTY will also be involved to ensure compliance with the guidelines by the platforms since OTT content is streamed over the internet and this is likely to involve framing of certain rules, sources had told ThePrint.
According to a report in Hindustan Times, there could be be two more layers in the content code being drafted by the government before any grievance is escalated to the IMC — the first being grievance redressal by the company itself, and the other involving a regulatory body headed by a retired judge of a high court or the Supreme Court.
The report also said content streamed on the platforms must have U (universal) or A (adult) certification and the guidelines will cover intermediaries like Facebook.
An industry source associated with a streaming platform said they are looking forward to the discussions that the ministry would undertake. “We are looking forward to engaging with the ministry and come up with a code that is acceptable to the consumers, the streaming platforms and the government,” the source said.
How the new Indian government guidelines might impact the news portals on youtube ?
As things stand today ,the Information misnister Prakash Javdekar said that there was no guidelines earlier and hence government is of the view that there should be some regulation and the decision should be based on the comiitte/panel appointed by government to look into any disputes over the content .
For publishers of news on digital media, they will be “required to observe Norms of Journalistic Conduct of the Press Council of India and the Programme Code under the Cable Television Networks Regulation Act thereby providing a level playing field between the offline (Print, TV) and digital media,” according to the government.
It also wants a three-level grievance redressal mechanism. This will include self-regulation by the publishers;
self-regulation by the self-regulating bodies of the publishers and oversight mechanism.
The government wants digital media to appoint a Grievance Redressal Officer based in India who shall be responsible for the redressal of grievances received by it. The officer shall take decision on every grievance received by it within 15 days.
There maybe one or more self-regulatory bodies of publishers. According to the rules, this body “shall be headed by a retired judge of the Supreme Court, a High Court or independent eminent person and have not more than six members.”
The body will have to register with the Ministry of Information and Broadcasting. This body will oversee the adherence by the publisher to the Code of Ethics and address grievances that have not be been resolved by the publisher within 15 days.
Further, the Ministry of Information and Broadcasting shall formulate an oversight mechanism. It shall publish a charter for self-regulating bodies, including Codes of Practices and establish an Inter-Departmental Committee for hearing grievances.