The Central government has notified the Information Technology (Guidelines for intermediaries and Digital Media Ethics Code) Rules, 2021 to regulate the functioning of digital content, social media portals and OTT platforms.
The rules are released by IT Minister Ravi Shankar Prasad and I&B Minister Prakash Javadekar at a press conference.
The new rules has been framed in exercise of powers under section 87 (2) of the Information Technology Act, 2000 and in supersession of the earlier Information Technology (Intermediary Guidelines) Rules 2011. Some of the new changes include strict oversight mechanism involving several ministries. The rules also empowers the I&B secretary to block public access to specific content in case of an emergency.
All social media intermediaries will have to up their due diligence standards. Their privacy policy, agreements will have to inform users to not upload, publish, share information that is defamatory, obscene, patently false or misleading, etc. In case, due diligence is not followed by the intermediary, safe harbour provisions will not apply to them.
Social media intermediaries have to appoint a grievance officer, who shall register complaints in 24 hrs and resolve it within 15 days from its receipt. Grievance redressal official must be resident in India; monthly compliance reports have to be filed by social media platforms.
The rules mandate OTT platforms to classify their content into five age-based categories — U (Universal), U/A 7+, U/A 13+, U/A 16+, and A (Adult), and implement parental locks for content classified as U/A 13+ or higher, and reliable age verification mechanisms for content classified as “A”.
Read Rules:
