Context: In this edition of the show, we’ll talk about the new guidelines framed by the government in regard to social media and OTT platforms.The Ministry of Electronics and Information Technology and Ministry of Information and Broadcasting said it undertook elaborate consultations among themselves in order to have a harmonious, soft-touch oversight mechanism in relation to social media platform as well as digital media and OTT platforms.

• Among the guidelines framed Social media giants will be required to appoint India-based compliance officers.If they remove content, they will be required to inform users, give reasons for the same.Social media sites have to disclose "first originator" of any mischievous message.The oversight mechanism will include a committee with representatives from the ministries of Defence, External Affairs, Home, I&B, Law, IT and Women and Child Development.It will have "suo motu powers" to call hearings on complaints of violation of the Code of Ethics if it wants.

The guidelines define social media companies, suggest a three-tier mechanism for regulation of all online media, define the process for tracing the first originator, and confer blocking powers to an inter-ministerial committee.

Salient features

• Due diligence must be followed by intermediaries, including social media intermediaries. In case, due diligence is not followed by the intermediary, safe harbour provisions will not apply to them.
• The Rules make a distinction between social media intermediaries and significant social media intermediaries to encourage innovations and enable growth of new social media intermediaries without subjecting smaller platforms to significant compliance requirement,
• Significant Social Media Intermediary should appoint a Chief Compliance Officer, Nodal Contact Person and Resident Grievance Officer who shall be a resident in India.
• Code of Ethics for online news, OTT platforms and digital media: This Code of Ethics prescribe the guidelines to be followed by OTT platforms and online news and digital media entities.

Self-Classification of Content

• The OTT platforms, called as the publishers of online curated content in the rules, 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”.

Under current rules, they are not responsible for content, unlike traditional media firms.

• The government cites powers provided to it under section 87 of the Information Technology Act, 2000.
• It allows the government to make rules to carry out the provisions of the law by notification in the Official Gazette and in the Electronic Gazette.
• The guidelines define social media companies, suggest a three-tier mechanism for regulation of all online media, and define the process for tracing the first originator.
• It confers the blocking powers to an inter-ministerial committee headed by a joint secretary level officer from the ministry of information and broadcasting, that forms the third tier.
• In effect, this committee can also recommend blocks or take downs.
• The inter-ministerial committee will have representatives from the ministries of IT, information and broadcasting, home, law, external affairs, defence, and women and child development.

Mechanism of regulation

• Grievance redressal by the company itself
• A Press Council of India that will be headed by a retired judge of a high court or the Supreme Court.

Inter-ministerial committee- at the apex of the regulatory framework

• A significant social media intermediary may be defined on the basis of the number of users for which the government is yet to set a threshold.
• They also involve intermediaries appointing a chief compliance officer who will be responsible for ensuring compliance with the law and be held liable if the intermediary fails to observe due diligence while discharging its duties.
• The rules are asking social media intermediaries, which operate primarily in the area of messaging, to enable the identification of the first originator- an important requirement in the effort to tackle fake news.

Competent authorities may demand pertinent information for the purposes of prevention, detection, investigation, prosecution or punishment of crimes.

• It excludes the intermediary from having to disclose the content of the personal messages.
• The rules mandate the creation of a grievance redressal portal as the central repository for receiving and processing all grievances.

The rules ask intermediaries to act on certain kinds of violations within 24 hours, and on all concerns of a complainant within 15 days.