NEW DELHI: a minimum of 10 lawsuits have challenged the constitutional validity of the government’s Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, better referred to as the Digital Media Ethics Rules 2021. TOI explains what the principles are, and why stakeholders have challenged them.
What are these rules, and to whom do they apply?
Notified on February 25, 2021, the principles seek to manage social media intermediaries like Google, Facebook, WhatsApp and Twitter, as also digital media, including OTT and digital news platforms.
The Ministry of Electronics and knowledge Technology (MeITY) will execute the rules for social media intermediaries, and therefore the information and broadcasting ministry will oversee the code of ethics for digital media.
The government says these rules are intended to make A level playing field for print, television and digital media. They also create a regulatory framework for digital media.
Per the principles , all intermediaries and digital media platforms must found out a three-tier grievance redress mechanism and submit monthly compliance reports. Complaints must be acknowledged in 24 hours and disposed of in 15 days. The I&B secretary is authorised to dam or take down content within the interim.
Why are the new rules being opposed?
Social media intermediaries and digital journalism have challenged the principles separately. Facebook-owned WhatsApp moved court to oppose the rule to spot the “first originator” of an “offensive” message, because it would mean breaking end-to-end encryption of messages, which can’t be finished India alone.
Twitter has pledged compliance but raised concerns, along side other social media intermediaries, over criminal liabilities. Under the principles , compliance officers can face criminal action for content posted on their platforms.
Why is digital journalism against them?
Prior to notifying the principles , discussions were held with social media platforms and OTT platforms, but not digital journalism platforms. The draft IT rules were also not put within the property right for stakeholder feedback. Digital journalism , therefore, opposes the regulations on grounds of not being consulted. It also says the new rules will end in over-regulation and censorship as legacy media houses are already governed by the Press Council Act, the programme code under the Cable TV Network Act, and other legislations.
In its petition in Madras supreme court , the Digital News Publishers Association (DNPA), comprising legacy media houses just like the Times of India, India Today, NDTV, etc, argued that the principles seek to manage traditional media and their digital arms that aren’t within the scope of the knowledge Technology Act, 2000. DNPA also called the plan to create a legal distinction between a physical newspaper and its online version “vague and arbitrary”.
News agency Press Trust of India has challenged the principles in Delhi supreme court saying the govt has introduced conditions like ‘good taste’, ‘decency’, and prohibition of ‘half-truths’, none of which is clearly defined within the IT Act, 2000. It also said the “draconian consequences” of non-compliance, including blocking, modification and deletion of content, and compulsory publication of apology, will “usher in an era of surveillance and fear, thereby leading to self-censorship.”
What about OTT platforms?
The rules require OTT platforms to self-classify content into five major age-based categories, provide parental locks for mature content, and a “reliable age verification mechanism” for adult-only content. They were also required to line up a selfregulatory mechanism. Although the platforms have complied, they argue that the industry should have the liberty to make a decision on the composition and dealing of the self-regulatory mechanism.
This has led to a split among OTT platforms, who have found out two selfregulatory bodies, the Digital Publishers Content Grievances Council (DPCGC), comprising a minimum of 10 streaming companies, including Netflix, Amazon Prime Video, ALT Balaji and MX Player under the web and Mobile Association of India (IAMAI), and therefore the Indian Broadcasting and Digital Foundation (IBDF), comprising platforms like Disney Hotstar, Zee5, SonyLIV, Voot, Sun Next, Discovery+ and Jio TV, among others.