The central government has finalised the rules to regulate internet-based businesses and organisations – social media companies, OTT streaming services, and digital news outlets, among others – as it plans to introduce a sea change in legislation to assert more control over powerful Big Tech firms.
Under the new Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021, the government plans to mandate social media companies like Facebook and Twitter to erase contentious content as early as possible, but not later than 36 hours, after a government or legal order.
A press conference announcing the guidelines was jointly addressed by Union Ministers Ravi Shankar Prasad and Prakash Javadekar, who said that the evolution of digital media has led to the rampant spread of fake news and derogatory content.
It also prohibits digital media to host or publish any information that threatens the national security, integrity, and sovereignty of India.
Significantly, the rules state that publishers must be conscious of India’s diversity and “exercise due caution and discretion when featuring the activities, beliefs, practices or views of any racial or religious group.”
Social media sites have to disclose “first originator” of any mischievous message. “Who began the mischief? You have to say,” said Mr Prasad, adding that this would apply for spreading content for which the punishment is up to five years.
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.
Further, if a post depicts an individual in any sexual act or conduct, then companies must disable or remove such content within a day of receiving a complaint, the rules added.
The new guidelines will supersede the 2011 rules, and News18.com quoted government sources as saying that since the changes are only in the rules, and not the IT Act, Parliament intervention will not be required.
The rules would also apply across other digital and online media, the draft proposal said. “A publisher shall take into consideration India’s multi-racial and multi-religious context and exercise due caution and discretion when featuring the activities, beliefs, practices, or views of any racial or religious group,” the draft rules said.
