The need of an hour is the coded rule for social media usage and IT intermediaries without infringing their right of ‘ free speech and expression’. Ministry of Electronics and Information Technology do so. Issued rules named as ‘information technology (guidelines for intermediaries and digital media ethics code) rules, 2021’. These Rules in simple term formed a substantive right and liabilities upon the social media intermediaries as well as to form grievance cell to entertain the complaint of viewers regarding the content displayable via their platform.
Definitions as per IT ACT 2000….
• Computer means an electronic, magnetic or digital device which input and output data in digital, magnetic or in electronic form.
• computer resource means a computer, computer system, computer network, data, computer data base or software. databases or micro film or computer-generated microfiche.
• computer resource means a computer, computer system, computer network, data, computer database or software.
• computer network means the interconnection of one or more computers or computer systems or communication device through.
•‘DigitalMedia’means digitized content that can be transmitted over the internet or computer networks and for the purposes of these rules includes content received, stored or transmitted by:(i) an intermediary; or(ii) a publisher of news and current affairs content or online curated content.
• ‘Grievance’includes any complaint, whether regarding any content, any duties of an intermediary or publisher under the Act, or other matters pertaining to the computer resources of an intermediary or publisher, as the case may be, which is made to an intermediary
• ‘Online curated content’ means any curated catalogue of audio-visual information, other than news and current affairs content, made available on-demand, including but not limited through subscription, over the internet or computer networks, and includes films, television programmes, serials, podcasts and other such information
key points of IT RULE 2000…
• intermediaries including social media intermediaries shall publish the note regarding the terms and condition of application and website, privacy policy, age restriction, intellectual property right details of the content and special note regarding the content, detail of pornographic, sexual, defamatory content about religion, class, sex.
• Intermediary here means any kind of social media, application, software, ott platforms, publication house, news channel electronic or digital etc.
• Intermediaries shall have to remove the publication of content after getting restraining orders as soon as possible but within thirty-six hours. if content is against the sovereignty and security of the state or against the public order, decency and morality.
• Intermediaries shall review or inform the audience about the privacy policy at least once a year.
• Intermediaries shall remove the content within twenty-four hours. If the complaint made by the audience to the grievance officer of Intermediaries against the content depicting nudity, pornography, morphed images, showing private parts, hurting religion or class sentiments.
• Intermediaries shall appoint a chief compliance officer who comply with the provisions of the rule and who join and attend the proceeding against Intermediaries.
• Intermediaries shall have the AUDI ALTERUM PARTEM ‘right to be heard. No liabilities be made against v without giving them a chance to be heard.
• In the case where the first originator situated outside India. The person, Intermediaries who publish or receive the information shall be deemed as the first originator in India.
• Intermediaries shall endeavour to deploy IT-based software that identifies the depiction of sexual, pornographic and morphed images. However, it will misuse because of directory liability.
• Intermediaries shall have a physical address in India which shall be displayable on the website and application.
• The Ministry shall establish an online Grievance Portal, as the central repository for receiving and processing all grievances from the public in respect of the Code of Ethics, within three months of the commencement of the rules.
• Complaint resolving mechanism is of three levels. The first one at the intermediary level in which the complaint shall be resolved within fifteen days. The second one is of the independent body formed by the association of such an intermediary. The third one is the interdepartmental committee made by ‘MEITY’ UNDER IT ACT to resolve the complaint.
• News broadcaster shall be deemed as a significant news publisher if such publish news for a commercial purpose within India and not having less than fifty lakhs subscribers.
• Mark of under age seven, thirteen, sixteen and eighteen shall be displayable at content.
Conclusion…
There is strict need of such rules restraining creators and intermediaries from publishing such sexual and violent content. Recently supreme court granted interim protection of arrest to the ekta kapoor. Creator of web series ‘xxx’. SC observed ‘xxx’ web series as sexual illicit content and against the morality of public by showing actor engaged in sexual activity wearing army dress. However, SC granted interim bail to ekta kapoor. For example, in the recent case of manuwar faruqqi. The intermediary shall be liable for prosecution example OTT PLATFORM, PUBLISHING HOUSE. At the same time, it will create trouble for speech and expression. Because rules allow a complaint of every audience. It is highly probable that the content is fine for ninety-nine per cent and contradict the morality of only one percent of people. It will also lead to a burden upon the body established under this rule in the case of unreliable complaint.
#lawinroutine #SpeechAndExpression
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