No proposal to appoint regulator for social media: Prasad

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“The social media platforms are enjoined to develop a robust grievance redressal system.”

The government on Wednesday informed Parliament that there is no proposal with the IT ministry to set up a regulator for social media.

Union IT and Communications Minister Ravi Shankar Prasad, however, said that the government has released Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, under the IT Act that specifies the due diligence to be followed by all the intermediaries, including the social media intermediaries.

“The social media platforms are enjoined to develop a robust grievance redressal system. Presently, there is no proposal with the Ministry of Electronics and Information Technology to appoint a regulator for social media,” Mr. Prasad informed the Lok Sabha.

 

The government in February had announced sweeping regulations for social media firms like Facebook and Twitter as well as OTT players such as Netflix, requiring them to remove any content flagged by authorities within 36 hours and setting up a complaint redressal mechanism with an officer being based in the country.

The guidelines also make it mandatory for platforms such as Twitter and WhatsApp to identify the originator of a message that authorities consider to be anti-national and against security and sovereignty of the country.

The new rules related to social media platforms are to be handled by the IT ministry while the Information and Broadcasting ministry will look after content related issues on entertainment apps and online news portals.

Mr. Prasad said under provision of section 69A of the Information Technology Act, 2000, the government blocks unlawful and malicious online content including social media account, in the interest of sovereignty and integrity of India, defence of India, security of the State, friendly relations with foreign states or public order or for preventing incitement to the commission of any cognizable offence relating to above.

“Under this provision, 9,849 URLs/accounts/webpages, mostly on social media platforms, were blocked during the year 2020,” Mr. Prasad said.

 

In response to question whether the government has conducted any study regarding the impact of government’s control over social media vis-a-vis right to freedom of expression enshrined in the constitution, Prasad denied any such study undertaken by the government.

He said that the government welcomes criticism, dissent and also the rights of people to ask questions on social media.

“However, this needs to be acknowledged that the fundamental right of speech and expression under article 19(1) is also subject to reasonable restrictions under article 19(2) of the Constitution which can be imposed in the interest of security, safety and sovereignty of India, public order, friendly relations with foreign countries etc,” Mr. Prasad said.

The minister said it is equally important that social media should not be abused or misused to defame, promote terrorism, rampant violence and compromise the dignity of women.

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No govt communication ever threatened social media platforms’ staff of jail term: IT Ministry

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The government had ordered Twitter to take down hundreds of posts, accounts and hashtags, that it saw violating rules.

The government has never threatened employees of any social media platform, such as Twitter, of jail term, the IT Ministry has said.

Reacting to reports that alluded to Facebook, WhatsApp and Twitter employees being threatened with jail term, the Ministry said social media platforms are “obliged to follow the laws of India and the Constitution of India, just like all other businesses in India have to.” “As has been conveyed on the floor of Parliament, users of social media can criticise the government, the Prime Minister or any Minister but promotion of violence, rampant communal divide and stoking the flames of terrorism will have to be reflected upon,” it said.

The government had ordered Twitter to take down hundreds of posts, accounts and hashtags, that it saw violating rules. Twitter initially did not fully comply but fell in line after the government showed the rule book that contained penal provisions.

The IT Ministry went on to state that the recent guidelines pertaining to social media simply require the platforms to put in place a robust grievance redressal mechanism for users.

“None of the government communications, either written or oral, have ever threatened the employees of any of the social media platforms of jail term,” it said.

“The government welcomes criticism and dissent. However, of late, repeated instances of abuse of social media to foment hate, discord and violence by terrorist groups from outside India and circulation of morphed images of women, revenge porn posing threat to the safety of users especially women users have become grave concerns,” it said.

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Govt’s New Social Media Guidelines Require Platforms to Submit Monthly Compliance Report: Key Highlights

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Alongside the new guidelines for OTT platforms over classification ratings and grievance redressals, the government of India has also launched new guidelines for social media platforms that include punishment for publishing offensive content, social media platforms having to publish a monthly compliance report, and the removal of offensive content within 24 hours, among other rules. The new set of guidelines for social media platforms come alongside the new framework launched for OTT platforms, which will require them to self-classify content, and follow a three-level grievance redressal mechanism.

The new guidelines for social media platforms require significant social media platforms (platforms having a user base over a certain threshold) will need to enable the identification of the first originator of the information for publishing offensive content. This person is liable for an imprisonment of > 5 years. Apart from this, prominent platforms also need to appoint a Chief Compliance Officer, a Nodal Contract Person, and a Resident Grievance Officer. They will also need to publish a monthly compliance report with details of complaints received and action taken. The prominent social media platforms are also required to take down all offensive content within 24 hours of receipt of a complaint. Others shall acknowledge within 24 hours and resolve the overall issue within 15 days.

Apart from this, the new guidelines pertain to OTT platforms, as previously reported. Here are a few key highlights for OTT platforms:

-OTT platforms now have to self-classify content into 5 age-based categories – U, 7+, 13+, 16+ and A which need to be displayed. Parental locks and age verification mechanisms to be applied as per the content rating.

-OTT content will be governed by a 3-level grievance redressal mechanism – (1) self regulation by platform, (2) self-regulatory body and (3) oversight mechanism formulated by Ministry of Information & Broadcasting

-News on OTT platforms will have to observe the guidelines set by Press Council of India and the Cable Television Networks Regulation Act to bring it in line with print and TV news.



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