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What are these rules, and to whom do they apply?
Notified on February 25, 2021, the rules seek to regulate social media intermediaries such as Google, Facebook, WhatsApp and Twitter, as also digital media, including OTT and digital news platforms.
The Ministry of Electronics and Information Technology (MeITY) will execute the guidelines for social media intermediaries, and the information and broadcasting ministry will oversee the code of ethics for digital media.
The government says these rules are intended to create a level playing field for print, television and digital media. They also create a regulatory framework for digital media.
Per the rules, all intermediaries and digital media platforms must set up a three-tier grievance redress mechanism and submit monthly compliance reports. Complaints must be acknowledged in 24 hours and disposed of in 15 days. The I&B secretary is authorised to block or take down content in the interim.
Why are the new rules being opposed?
Social media intermediaries and digital news media have challenged the rules separately. Facebook-owned WhatsApp moved court to oppose the rule to identify the “first originator” of an “offensive” message, as it would mean breaking end-to-end encryption of messages, which cannot be done for India alone.
Twitter has pledged compliance but raised concerns, along with other social media intermediaries, over criminal liabilities. Under the rules, compliance officers can face criminal action for content posted on their platforms.
Why is digital news media against them?
Prior to notifying the rules, discussions were held with social media platforms and OTT platforms, but not digital news media platforms. The draft IT rules were also not put in the public domain for stakeholder feedback. Digital news media, therefore, opposes the regulations on grounds of not being consulted. It also says the new rules will result in over-regulation and censorship as legacy media houses are already governed by the Press Council Act, the programme code under the Cable TV Network Act, and other legislations.
In its petition in Madras high court, the Digital News Publishers Association (DNPA), comprising legacy media houses like the Times of India, India Today, NDTV, etc, argued that the rules seek to regulate traditional media and their digital arms that are not within the scope of the Information Technology Act, 2000. DNPA also called the attempt to create a legal distinction between a physical newspaper and its online version “vague and arbitrary”.
News agency Press Trust of India has challenged the rules in Delhi high court saying the government has introduced conditions such as ‘good taste’, ‘decency’, and prohibition of ‘half-truths’, none of which is clearly defined in the IT Act, 2000. It also said the “draconian consequences” of non-compliance, including blocking, modification and deletion of content, and compulsory publication of apology, will “usher in an era of surveillance and fear, thereby resulting in self-censorship.”
What about OTT platforms?
The rules require OTT platforms to self-classify content into five major age-based categories, provide parental locks for mature content, and a “reliable age verification mechanism” for adult-only content. They were also required to set up a selfregulatory mechanism. Although the platforms have complied, they argue that the industry should have the freedom to decide on the composition and working of the self-regulatory mechanism.
This has led to a split among OTT platforms, who have set up two selfregulatory bodies, the Digital Publishers Content Grievances Council (DPCGC), comprising at least 10 streaming companies, including Netflix, Amazon Prime Video, ALT Balaji and MX Player under the Internet and Mobile Association of India (IAMAI), and the Indian Broadcasting and Digital Foundation (IBDF), comprising platforms like Disney Hotstar, Zee5, SonyLIV, Voot, Sun Next, Discovery+ and Jio TV, among others.
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