A land beyond Laws - The Big Tech... ( New IT Rules 2021)
Government of India, under Ministry of Electronics and Information Technology notified the new Information Technology (Intermediary Guidelines & Digital Media Ethics Code) Rules, 2021. Government can do so or bring such rule in exercise of the powers under section 87 of the Information Technology Act, 2000, and in supersession of the Information Technology (Intermediaries Guidelines) Rules, 2011. This new rule will replace IT (Intermediaries Guidelines)Rules, 2011.
The number of users, as no. of internet users in India in January 2021 were 624.0 million. The number of internet users increased by 47 million(+8.2%) between 2020 and 2021. Internet penetration in India stood at 45.0% in January 2021.
WhatsApp Users 53 crores Facebook Users 44.8 croresInstagram Users 21 crores Twitter Users 1.75 crores
So as there have been increase in number of users, there have been increase in some disturbing developments on social media platforms like spreading propaganda, misinformation, fake news etc. And currently there is no robust complaint mechanism wherein the ordinary users of social media and OTT platforms can register their complaint and get it redressed within defined timeline. Lack of transparency prevailed in social media empire. A land beyond laws...
So Government wanted that these social media companies need to be more accountable for the content on the social media platform.
Hence the Union Government, on February 25 notified this law giving the SSMIs (Significant Social Media Intermediaries) three months of compliance.
What exactly the Rules are...
- Divided into two categories - Social Media Intermediaries & Significant social media Intermediaries having +750 lakh users.
- Intermediaries must setup Grievance Redressal Mechanism. Complaints will have to be registered in 24 hours following which there is a 15 days deadline for redressal.
- Intermediaries must bring voluntary User Verification Mechanism (visible mark of verification) a verified mark that shows that user is authentic.
- Access control mechanism means any measure, including technical measure, through which access to online curated content may be restricted based on verification of the identity or age of a user.
- Appoint a Chief Compliance Officer who shall be responsible for ensuring compliance with the Act & rules stated by Government. Person appointed should be resident of India.
- Appoint a Nadal Contact Person for 24/7 coordination with the law enforcement agencies. Person to be resident of India.
- Appoint a Resident Grievance Officer who shall perform the functions mentioned under Grievance Redressal Mechanism.
- Publish a monthly Compliance Report which will show how many complaints were registered, in how many cases was action taken.
- Significant social media intermediaries providing services primarily in the nature of messaging shall enable identification of the first originator of the information. Big tech must reveal the originator of any message when legally ordered.
- Remove any content within 36 hours of receiving a legal order.
- Need to assist in probes or cyber security related incidents within 72 hours.
- Must disable within a day any post depicting an individual in a sexual Act or conduct.
Digital media Ethics Code relating to Digital Media & OTT platforms
- Self classification of content as
U (Universal)
U/A 7+
U/A 13+
U/A 16+
A (Adult)
- These OTT platforms will be overseen by a Self Regulatory body headed by Supreme court or High court retired judge.
- Platforms required to implement parental locks for the content classified as U/A 13+ or higher & reliable age verification mechanisms for the content classified as A (Adult).
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