Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021

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In 2018, Supreme Court in Prajawala case[1] had observed that the government of India frame guidelines to eliminate images and videos of acts like rape, gang rape, child pornography from social platforms. On Feb 25, 2021, the government of India has notified Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021. The rules were needed to be complied by the Intermediaries by May 25, 2021. The government has notified these rules under section 87 of the Information Technology Act, 2000. Section 87 of the IT Act gives the central government power to make rules. These rules replaced the Information Technology Rules 2011.

Social Media Guidelines for Intermediaries

What is Intermediaries? – As per section 2(1)(ua)(w) of the Information Technology Act, 2000 – “ “intermediary”, concerning any particular electronic records, means any person who on behalf of another person receives, stores or transmits that record or provides any service concerning that record and includes telecom service providers, network service providers, internet service providers, web-hosting service providers, search engines, online payment sites, online-auction sites, online-market places and cyber café.”[2] So here in these rules, the intermediaries are the social platforms like Facebook, Google, Twitter etc.

These rules classified intermediaries into two segments –

Social Media Intermediaries (all social media intermediaries which have common rules)

Significant Social Media Intermediaries (social platforms having more than 50 lakh users and will have to follow common rules as well as specific rules made for them).

Common rules for intermediaries –

  1. Rules and regulations of the government should be followed diligently.
  2. There will be a grievance redressal mechanism to address any grievance from the users.
  3. It will be ensured that the digital safety of users is there, intermediaries are required to remove access to such content within 24 hours of receipt of the complaint.
  4. A voluntary user verification mechanism should be brought for everyone so that there are no fake profiles and visible verification mark will be there for identification.
  5. Unlawful information should be removed, unlawful information is every information that is said by the government to be removed or ordered by the court to be removed.

Specific rules for significant social media intermediaries –

  1. Appoint the Chief Compliance Officer, who will see that rules of the government are followed diligently.
  2. Appoint a Nodal Contact Person, who will be in 24×7 coordination with law enforcement authorities.
  3. Appoint Resident Grievance Officer, who will perform functions given under Grievance Redressal Mechanism.

 * Chief Compliance Officer, Nodal Contact Person and Resident Grievance Officer should be resident in India.

  • Publish a monthly compliance report, the report will mention the details of complaints received and action taken against that complaints. It will also mention contents removed by the intermediaries.
  • Intermediaries which are providing services that deals with messaging (like Whatsapp) will have to do identification of the first originator of Information when asked from the government.

Code of ethics for Digital Media and OTT platform

  1. The content on these platforms need to be self-classified into categories – U(universal), U/A 7+, U/A 13+, U/A 16+, A(adult)
  2. These digital platforms are required to implement a parental lock system for content in the category of U/A 13+ and higher than that. There should be a process for age verification of A (adult) content.
  3. Publishers of digital news are required to observe the regulations and norms of the programme code under the Cable Television Networks Regulation Act and Journalistic Conduct of the Press Council of India.
  4. The grievance redressal mechanism will have a three-level system of self-regulation –

Level 1 – self-regulation by the publisher, grievance redressal officer to be appointed and grievance to be solved within 15 days.

Level 2 – self-regulation by the self-regulating bodies of the publishers. These bodies should be set up with no more than 6 members. The body or bodies should be headed by retired Supreme Court Judge or retired High Court Judge or Independent eminent personalities. This body or bodies will be registered with the Ministry of Information and Broadcasting.

Level 3 – oversight mechanism, in this an inter-departmental committee will be formed for grievances and it shall publish charter for self-regulating bodies.

Due to the sudden rise of social media platforms and their usage in recent years, there was a need to stop the negative sides of these platforms. These platforms are misused to spread fake news, to threaten the dignity of women, to defame someone, to disrespect religious sentiments etc. such misuses are on such a rise that they were becoming a space for crimes like obstruction of public order, incitement of violence, the spread of disharmony, frauds etc. These rules are brought in view that it will regulate these platforms through guidelines and a code of ethics. The need was there for regulations but at the same time due to some problem arising and concerns like privacy, freedom of expression, and breaking of end to end encryption clause. On May 25, social media giant Whatsapp moved to Delhi High Court where they have challenged the rules on the points that this breaks end to end encryption and infringes users fundamental right to privacy and freedom of expression. Well, what will happen is a matter of future and present the fact is that these rules are accepted by many and major social media giants irrespective of their differences with rules.

Submitted by –

Bibhanshu Mishra

Student Reporter, INBA

[1] https://indiankanoon.org/doc/80437106/

[2] https://indiankanoon.org/doc/33134261/