As per industry sources, the government is planning to set up one or more centrally appointed Grievance Appellate Committees (GACs) within three months of the notification of amendments to the Information Technology (IT) Rules of 2021 under the IT Act. The move is aimed at giving users of social media platforms, including Facebook and Twitter, recourse other than approaching the courts in order to settle complaints.
Meanwhile, the final draft of the proposed changes to the IT Rules of 2021, which were first released for public consultation in June 2022, are likely to be notified shortly. Besides, the final rules also prescribe shorter timelines of 24 hours for acting upon sensitive content, along with instructing intermediaries to consider all the rights accorded to the citizens under the constitution, including in the articles 14, 19 and 21.
As per the provisions contained in the final draft, a three-person GAC will reportedly consist of a chairperson and two whole-time members appointed by the central government. Of the three, one will be ex-officio, while the other two will be independent members. As per the provisions of the draft, any person who is aggrieved by a decision of the grievance officer of an intermediary can, within a period of 30 days, appeal against the decision.
On the contrary, companies had opposed the setting up of government-backed GACs, questioning the independence of such forums and citing concerns over freedom of speech. The GACs will, the rules propose, strive at resolving appeals within 30 days. Further, the committees have also been given the liberty to seek assistance from any person or persons having the requisite qualifications, experience and expertise in the subject. The draft also proposes that the entire GAC process, from the filing of appeals to their disposal, will be completely digital. Further, the final draft also dilutes the responsibility of social media intermediaries to mandatorily ensure due diligence, privacy and transparency.
