Awareness in the fields of IT, Space, Computers, robotics, nano-technology, biotechnology and issues relating to intellectual property rights.

Related Articles

India-Korea Electronic Origin Data Exchange System (EODES)

December 10, 2023

Biosphere Reserve

November 3, 2023

Cheetahs in India

September 29, 2023

GS-3

NEW IT RULES 2021

• Recently, the government has notified Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021.
• These new rules broadly deal with social media and over-the-top (OTT) platforms.
• These rules have been framed in exercise of powers under section 87 (2) of the
• Information Technology (IT) Act, 2000 and in supersession of the earlier
• Information Technology (Intermediary Guidelines) Rules 2011.

Background:

2018:

The Supreme Court (SC) had observed that the Government of India mayframe necessary guidelines to eliminate child pornography, rape andgangrape imageries, videos and sites in content hosting platforms and other applications.

2020:

• An Ad-hoc committee of the Rajya Sabha laid its report after studying the alarming issue of pornography on social media and its effect on children and society as a whole and recommended for enabling identification of the first originator of such contents.
• The government brought video streaming over-the-top (OTT) platforms under the ambit of the Ministry of Information and Broadcasting.

Categories of Social Media Intermediaries:

Based on the number of users, on the social media platform intermediaries have been divided in two groups:

1. Social media intermediaries.
2. Significant social media intermediaries.

 

Due Diligence to be Followed by Intermediaries:

• In case, due diligence is not followed by the intermediary, safe harbor provisions will not apply to them.
• The safe harbour provisions have been defined under Section 79 of the IT Act, and protect social media intermediaries by giving them immunity from legal prosecution for any content posted on their platforms.

Grievance Redressal Mechanism is Mandatory:

• Intermediaries shall 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 twenty four hours and resolve it within fifteen days from its receipt.

Ensuring Online Safety and Dignity of Users:

• Intermediaries shall remove or disable access within 24 hours of receipt of complaints of contents that exposes the private areas of individuals, show such individuals in full or partial nudity or in sexual act or is in the nature of impersonation including morphed images etc.
• Such a complaint can be filed either by the individual or by any other person on his/her behalf.

Additional Due Diligence for the Significant Social Media Intermediaries:

• Appointments: Need to appoint Chief Compliance Officer, a NodalContact Person and a Resident Grievance Officer, all of whom should be resident in India.
• Compliance Report: Need to publish a monthly compliance report mentioning the details of complaints received and action taken on the complaints as well as details of contents removed proactively.

Enabling Identity of the Originator:

• Significant social media intermediaries providing services primarily in the nature of messaging shall enable identification of the first originator of the information.
• Required only for the purposes of prevention, detection, investigation, prosecution or punishment of an offence related to sovereignty and integrity of India, the security of the State, friendly relations with foreign States, or public order,
• Or of incitement to an offence relating to the above or in relation with rape, sexually explicit material or child sexual abuse material punishable with imprisonment for a term of not less thanfive 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.

Grievance Redressal Mechanism:

A three-level grievance redressal mechanism has been established under the rules with different levels of self-regulation.

• Level-I: Self-regulation by the publishers;
• Level-II: Self-regulation by the self-regulating bodies of the publishers;
• Level-III: Oversight mechanism.

Self-regulation by the Publisher:

• Publisher shall 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.

Self-Regulatory Body:

There may be one or more self-regulatory bodies of publishers.

• Such a body shall be headed by a retired judge of the SC, a High Court or independent eminent person and have not more than six members.
• Such a 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 been resolved by the publisher within 15 days.

Oversight Mechanism:

• Ministry of Information and Broadcasting shall formulate an oversight mechanism.
• It shall publish a charter for self-regulating bodies, including Codes of Practices. It shall establish an Inter-Departmental Committee for hearing grievances.

SOURCE: THE ECONOMIC TIMES