For long, its been felt that fake news, agenda-driven OTT (Over The Top) platforms and Tech giants have had a free run in India.
No longer. The Government of India has introduced new rules to regulate digital content and streaming platforms.
Besides other things, it would also bring to book the content which threatens the unity and sovereignty of the nation.
The Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021 are in circulation though it would be formally released by Information Technology minister Ravi Shankar Prasad and Information and Broadcasting minister Prakash Javadekar.
The Rules seem to be a good balance between regulation and freedom of expression. In case of a dispute, there is a three-tier grievance redressal framework for the digital media. However, whether the Code of Ethics has been violated or not, the final word would belong to a committee which could call hearings on complaints if it so desires. It could warn, censure, reprimand, seek an apology and initiate other punitive actions.
OTT Platforms
The OTT platforms would self-classify the content into five age based categories- U (Universal), U/A 7+, U/A 13+, U/A 16+, and A (Adult).
Platforms would be required to implement parental locks for content classified as U/A 13+ or higher, and reliable age verification mechanisms for content classified as “A”.
Publishers of news on digital media would be required to observe Norms of Journalistic Conduct of the Press Council of India and the Programme Code under the Cable Television Networks Regulation) Act thereby providing a level playing field between the offline (Print, TV) and digital media.
Grievance redressal mechanism
A three-level grievance redressal mechanism has been established under the rules with two levels of self-regulation- Level I being the publisher and Level II being the Self Regulatory Body, and the third level being the Oversight Mechanism under the Ministry of Information & Broadcasting.
The rules provide for an effective grievance redressal mechanism for receiving, processing, and time-bound disposal of public grievances related to the Code of Ethics. The self regulatory body would be headed by a retired judge of the Supreme Court or of a High Court, or by a person of eminence from the relevant field, and can issue advisories to the publisher.
The mechanism is based on the principles of minimum Government intervention; however platforms should develop a robust grievance redressal mechanism on their own.
The draft rules ordain that the originator of messages could be traced on social media sites. However, these would be exceptional circumstances which in any case the Government follows with platforms such as WhatsApp which have end-to-end encryption system.
Social media sites have to remove or disable offensive or illegal content within 36 hours of being notified or of a court order.
These new sets of rules could empower citizens to make informed choices about content, get their grievance redressed in definite time frame and protect children.
