Ministry of Electronics & Information Technology notifies New IT Rules for Digital and Social Media content regulation

Rule 2(1)(m): ‘news and current affairs content’ included newly received or noteworthy content, including analysis, especially about recent events primarily of socio-political, economic or cultural nature, made available over the internet or computer networks, and any digital media shall be news and current affairs content where the context, substance, purpose, import and meaning of such information is in the nature of news and current affairs content.

Rule 2(1)(q): ‘online curated content’ means any curated catalogue of audio-visual content, other than news and current affairs content, which is owned by, licensed to or contracted to be transmitted by a publisher of online curated content, and made available on demand, including but not limited through subscription, over the internet or computer networks, and includes films, audio visual programmes, documentaries, television programmes, serials, podcasts and other such content.

Rule 2(1)(s): ‘publisher’ means a publisher of news and current affairs content or a publisher of online curated content.

Rule 2(1)(v): ‘significant social media intermediary’ means a social media intermediary having number of registered users in India above such threshold as notified by the Central Government.Rule 2(1)(w): ‘social media intermediary’ means an intermediary which primarily or solely enables online interaction between two or more users and allows them to create, upload, share, disseminate, modify or access information using its services.

– Shall block access to unlawful information as specified therein within 36 hours upon receiving actual knowledge of an order of competent court or the appropriate government authority/agency.

– Shall preserve such information, which has been removed or access to which stands disabled, for investigation purposes for 180 days or for longer as may be directed.

– Report cyber security incidents and share the above with Indian Computer Emergency Response Team.

– Name and contact details of the Grievance Officer to be prominently displayed on website or mobile based application of the Intermediaries.

– Grievance Officer to acknowledge receipt of the complaint within 24 hours and dispose off such complaint within a period of 15 days from receipt.

– Grievance Officer to acknowledge orders, notices and directions issued by a competent court or an appropriate government authority/agency.

– Chief Compliance Officer to be appointed responsible for all compliances under the applicable law and who shall be made liable in case of failure to discharge duties of due diligence as laid down hereunder.

– Nodal Contact Person to be appointed for 24×7 coordination with law enforcement agencies.

– Resident Grievance Officer to be appointed to effectuate the Grievance Redressal Mechanism laid down under Rule 3.

– Monthly compliance reports to be published.

– Significant Social Media Intermediaries providing messaging services to provide information of the First Originator of Information upon order of Court/ Government.

– 3^rd Proviso states that in complying with such an order, there would be no requirement to disclose the contents of any electronic message, any other information related to the first originator, or any information related to its other users.

– Where information or data is removed or disabled on its own accord by the Significant Social Media Intermediary, prior notice containing reasons for such action taken to be given to the user responsible for creation, sharing or dissemination of such information or data.

– Such user to be provided with reasonable opportunity to counter the said action.

– Appendix for Code of Ethics added under the said Rules, applicable to publishers of news and current affairs content and publishers of online curated content.

– These are broadly applicable to – Digital News Providers, Online Curated Content Providers (OTT).

– Under the Code of Ethics, Content to be classified to be age appropriate, age verification methods to be implemented, content to be made accessible for persons with disabilities.

– Three-tier system developed to ensure adherence to the Code of Ethics by Publishers:

(a) Level I – Self-regulation by the Publishers by appointing a Grievance Officer (Rule 11);
(b) Level II – Self-regulation by the self-regulating bodies of the Publishers headed by a retired judge of the Supreme Court, a High Court, or an independent eminent person from the relevant field (Rule 12);
(c) Level III – Oversight mechanism by the Central Government by establishing Inter-Departmental Committees (Rule 13).

– The I&B Ministry shall appoint an officer of the Ministry not below the rank of a Joint Secretary to be “Authorised Officer” for the purposes of Rule 15 & 16.

– Specific recommendation to be submitted to the Ministry of I&B, which shall pass interim orders after recording reasons in writing to the concerned Intermediaries.

– Final Order requires approval of Inter-Department Committee.

– In case of non-approval, interim order to be revoked and content to be unblocked.