Context: Recently, the Ministry of Electronics and Information Technology withdrew a draft proposal, which proposed amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

Proposed Amendments

• The draft document proposed measures to strengthen the oversight mechanism for regulating content on social media platforms.
• It proposed an additional level of oversight, namely, the ‘Grievance Appellate Committee’, functioning over and above the intermediary’s grievance redressal officer.
• The draft stated that the measures dealt with “new and emerging issues” and addresses identified “gaps” in the legislation so as to make the internet more open, safe, trusted and accountable to its users.

IT Rules 2021

• The IT Rules (2021) mandate social media platforms to exercise greater diligence with respect to the content on their platforms.
• They are required to establish a grievance redressal mechanism, and remove unlawful and unfitting content within stipulated time frames.
• The grievance officer of the platform’s redressal mechanism is responsible for receiving and resolving complaints of the users.
• She/he is expected to acknowledge receipt of the complaint within 24 hours and dispose the same in an appropriate manner within 15 days.
• Content portraying an individual in full or partial nudity, in a sexual act or by impersonation, are required to be removed within 24 hours of receiving the complaint.
• Its access and spread by any other means on the platform should also be disabled.

The privacy policies of the social media platforms must ensure that users are educated about not circulating anything that is:

Copyrighted

• Construed as defamatory, racially or ethnically objectionable

Paedophilic

• Threatening the unity, integrity, defence, security or sovereignty of India or friendly relations with foreign states
• Violative of any contemporary law.

By: Shubham Tiwari