On February 25th, the government introduced the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021. These rules replace the older ones from 2011 and are set to take effect from May 26th. This move was made under the powers granted by section 87(2) of the Information Technology Act, 2000.

Overview of the new rules

• If you ever face an issue with social media or digital platforms, there’s now a system in place to help you. You can raise your concerns about any misuse of social media through this system.
• Big social media companies must now have certain key people in place to ensure they follow the rules. They need to appoint a Chief Compliance Officer and a Nodal Contact Person who can be reached anytime by law enforcement.
• Social media platforms also have to name someone specifically to handle complaints. This person needs to acknowledge your complaint within a day and try to resolve it within 15 days.
• If someone posts content that violates your dignity, especially if it involves things like nudity or impersonation, social media platforms are required to take it down within 24 hours of receiving a complaint.
• These platforms have to be transparent about the complaints they receive. They’ll have to publish a report every month detailing the number of complaints they’ve gotten and what actions they’ve taken to address them.
• News publishers will now have three levels of oversight. They can regulate themselves, or be part of a self-regulatory body led by a respected figure like a retired judge. And the Information and Broadcasting Ministry will also keep an eye on things, making sure everyone follows the rules and setting up a committee to address complaints.

What is a significant social media intermediary and benefits obtained under it?

• “Significant social media intermediaries” will now include platforms with over 50 lakh registered users, according to the latest regulations.
• The new guidelines will categorize any social media company with more than 50 lakh registered users as a “significant social media intermediary.”

What happens in case of non compliance?

• If social media giants such as Facebook, Twitter, Instagram, and WhatsApp messenger don’t comply with the new Information Technology rules, authorities might ban them.
• These platforms might lose their current status as “intermediaries,” which implies they could face responsibility for criminal actions if they fail to comply with the updated regulations.

Concerns being raised

• Many industry groups have reached out to the government, asking for a grace period of up to one year for compliance, especially considering the challenges posed by the pandemic.
• There are worries about the new rules potentially stripping intermediaries of the ‘safe harbour’ protection they currently enjoy under Section 79 of the IT Act.
• Industry bodies are urging a reconsideration of a clause in the new rules that could hold employees criminally liable for non-compliance by intermediaries. They argue that removing this clause would make it easier to conduct business.
• Mandating originator traceability in end-to-end encrypted platforms may weaken their security, making it easier for cyber attackers to target citizens.
• Additionally, the current data retention requirements not only pose privacy risks for users in India and abroad but also present security concerns and technical challenges that will take considerable time to address before integration with existing systems.

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