Government notifies Information Technology Rules 2021

Amidst growing concerns around lack of transparency, accountability and rights of users related to digital media and elaborate consultation with the public and stakeholders, the Information Technology Rules 2021 has been framed.

While finalizing these Rules, both the Ministries of Electronics and Information Technology and Ministry of Information and Broadcasting 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 etc.

Part- II of these Rules shall be administered by Ministry of Electronics and IT, while Part-III relating to Code of Ethics and procedure and safeguards in relation to digital media shall be administered by the Ministry of Information and Broadcasting.

Assigning responsibility and defining a process for grievance recognition and redressal including appointments of designated person in social media organisations. This is akin to ascribing responsibility to an editor in a newspaper, but more detailed in terms of removal of content and redressal. Speed of spread is vital component of misinformation, disinformation & hate content on social media.

The rules do not define content from these perspectives, though it mentions fake news and its use by criminal and anti-national elements. It says clearly that safe harbour provisions will not apply if the companies do not follow due process to monitor and redress or remove content considered objectionable.

The rules distinguish between small and large (significant ) social media intermediaries in terms of diligence and compliance. Digital news platforms made responsible for their content like in print media, same code will apply.

Deepak Sahu, President & CEO, VARINDIA