The government has notified amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021. According to the government, the amendments enhance due diligence requirements and ensure accountability of social media and other intermediaries.
As per the amendments, the central government shall, by notification, establish one or more Grievance Appellate Committees within three months from the date of commencement of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2022.
The key changes in the rules are:
(a) Currently, intermediaries are only required to inform users about not uploading certain categories of harmful/unlawful content. These amendments impose a legal obligation on intermediaries to take reasonable efforts to prevent users from uploading such content. The new provision will ensure that the intermediary’s obligation is not a mere formality.
(b) For effective communication of the rules and regulations of the intermediary, it is important that the communication is done in regional Indian languages as well.
(c) The grounds in rule 3(1)(b)(ii) have been rationalised by removing the words ‘defamatory’ and ‘libellous. Whether any content is defamatory or libellous will be determined through judicial review.
(d) Some of the content categories in rule 3(1)(b) have been rephrased to deal particularly with misinformation, and content that could incite violence between different religious/caste groups.
(e) The amendment requires intermediaries to respect the rights guaranteed to users under the Constitution, including a reasonable expectation of due diligence, privacy and transparency.
(f) Grievance Appellate Committee(s) will be established to allow users to appeal against the inaction of, or decisions taken by intermediaries on user complaints. However, users will always have the right to approach courts for any remedy.
According to Rajeev Chandrasekhar, Minister of State for Electronics and Information Technology and Skill Development and Entrepreneurship, these amendments have been made to ensure that the internet is open, safe and trusted and accountable for citizens. The minister affirmed that the latest amendments will put more definite due diligence obligations on social media companies to make efforts that no unlawful content or misinformation is posted on their platforms. He said that platforms will have the obligation to remove within 72 hours of flagging any misinformation or illegal content or content that promotes enmity between different groups on the grounds of religion or caste with the intent to incite violence.
The amendments were notified after the Ministry of Electronics and Information Technology (MeitY) followed an exhaustive public consultation process involving all stakeholders.
