A 7-pointer Guide On The New IT Rules for Social Media, OTT Platforms and News Portals

The Centre on Thursday has announced new guidelines to curb misuse of social media platforms and regulate the OTT platforms. The new guidelines will cover all digital content including news portals and anything that disburses content over the internet. The rules for social media, or the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, have come out on February 25. Minister of IT Ravi Shankar Prasad also held a press conference to state the facts under the new rules.

The ministry said that these policies mean to tackle the “rampant abuse of social media platforms” and the spreading of fake news. Further, the rules would establish a soft touch progressive institutional mechanism with a level-playing field. It will also include a code of ethics and a mechanism to report inappropriate content and ask for its removal. Here are some important points that the rules state:

1. OTT Platforms and Grievance Redressal

In the case of OTT platforms like Netflix and Amazon Prime, the government has established a three-stair (three-level) grievance redressal mechanism which has the following parts: self-regulation by the publishers, self-regulation by the self-regulating bodies of the publishers, and an oversight mechanism.

Union Minister Ravi Shankar Prasad says that the Government of India felt there was a need for a dedicated portal where citizens could register their grievances. “The government welcomes criticism and right to dissent, but it is essential for the users of social media to have a forum to raise their grievance against the misuse of social media,” he said.

Read more: New IT Rules: Grievance Portal to Be Launched to Register Complaints

2. Source of mischievous content and regulating social media posts

The Minister of IT highlighted the misuse of social media in the country. He said that the government wants social media platforms that operate in India to introduce a mechanism for better verification of users. Further, they need to disclose the first originator of a mischievous tweet or message. The court or the government asks may ask them to do so.

The companies will have to do so for 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 than five years.

Ravi Shankar Prasad also pointed out the double standards of social media. He stated that the companies have taken different actions between Capitol Hill and the Red Fort. “This is plainly not acceptable,” the minister said.

3. Online News Portals

The Union government wants to treat online news media publishers at par with traditional media publishers. The latter include newspapers and news channels. It will bring them, too, under the ambit of section 69(A) of the Information Technology Act that gives takedown powers to the government. A significant publisher of news who would want to operate in India will also have to inform the Broadcast Seva under the Ministry.

4. Informing users of policy change at least once a year

The new policy also stated that the networks will also inform its users of its rules and regulations, privacy policy or user agreement periodically. That is, at least once a year, or whenever there is a change.

5. Advertising on all platforms

All advertisements about online curated content, and news and current affairs content shall adhere to the Consumer Protection Act, 2019, the Advertising Codes laid down under the Cable Television Network (Regulations) Act, 1995 and arid-Codes of the Advertising Standards Council of India.

6. Removal of posts in 24 hours

Ravi Shankar Prasad said, "If there are complaints against the dignity of users, particularly women - expose private parts of individuals or nudity or sexual act or impersonation etc - you'll be required to remove that within 24 hrs after a complaint made. This is designed to respect the dignity of women."

7. Hiring Chief Compliance Officer and monthly compliance report

The rules also mandate social media companies to hire a chief compliance officer who will be responsible for ensuring compliance with the acts and rules. The person should be a resident of India, as per the rules. Furthermore, the government has asked concerned platforms to appoint a nodal contact person for 24x7 coordination with law enforcement agencies. This individual, too, shall be a resident of India.

The social media platform should provide a monthly compliance report. It should mention all details of complaints and their actions by these companies. It should also have details of contents removed proactively by any social media.