The Ministry of Electronics and Information Technology (MeitY) has notified Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 to govern the digital media industry including social media platforms, digital news and over-the-top (OTT) platforms.
The rules have been framed under the Information Technology Act, 2000 and will supersede the 2011 guidelines for internet intermediaries.
Through this, the government has now expanded the definition of digital media by mandating news portals to follow similar norms that govern traditional media publishers. The new notified rules make a distinction between social media platforms based on the number of users. This will determine whether an entity is a social media intermediary or a significant social media intermediary. The latter will be required to follow additional due diligence. Further, foreign digital companies with user base crossing million in India will have to necessarily set up India offices with locally appointed officers who will be responsible for adhering to requests ranging from traceability of messages to taking down content.
Meanwhile, social media platforms have been mandated to take down flagged posts within 36 hours of receiving a notice while encrypted messaging apps have been directed to trace the originator of contentious messages. Further, the notification added that the platforms will also introduce a mechanism for voluntary verification of identity of users as a means to curb fake and anonymous posts on social media.
For the OTT and online news platforms, the rules lay down an ethics code that will be administered by the Ministry of Information and Broadcasting. With this, OTT players will now be subjected to a three-tier grievance redressal process. This will include a government oversight mechanism, and they will have to classify their content on five age-based categories. As per the guidelines, OTT platforms will be required to self-classify their content into five age-based categories which includes U (Universal), A (Adult), U/A 7+, U/A 13+ and U/A 16 +. Besides, for content classified as U/A 13 + and above, there should be parental lock mechanism.
Photo source: IE
