After the frenzy around the ban on Twitter, Facebook and WhatsApp subsided, a lot of people are wondering what are the IT rules which Twitter, WhatsApp and other platforms have not complied on and may face criminal proceedings for the same. To help those social media users, we have created a simple report. Read on to stay informed.
What are the IT Rules 2021?
IT Rules are special rules regarding content moderation for all digital platform subsidiaries including social media platforms and OTT. These subsidiaries will be required to set up a 3-tier mechanism for active moderation of content on the platforms, grievance responses, and robust mechanism to take down objectionable content. A monthly compliance report will also be needed to be published by these subsidiaries.
Any social media platform that has over 50 lakh users will come under the ambit of the new rules. This means that Facebook, which has over 320 million users, Twitter, which has over 17.5 million users and WhatsApp which has over 390 million users across India will come under the ambit of the new Centre proposed rule.
Also Read: Ban on Twitter, Facebook, Instagram on May 26? Memes on social media ban floods Twitter
What is the above mentioned ‘grievance redressal system’?
According to the new IT Rules 2021, all the digital platforms with over 50 lakh users will have to set in place a 3-tier grievance redressal system. This includes the appointment of a CCO (Chief Compliance Officer, an NCP (Nodal Contact Person) and an RGO (Resident Grievance Officer).
There are 3 tiers in the grievance redressal system:
Tier 1 – A self-regulatory level in which every subsidiary will need to appoint a grievance redressal officer and publish all the details on their platforms.
Tier 2 – The second level entails the subsidiaries to set up one or more self-regulatory bodies which will be headed by a retired Supreme Court judge, or an independent eminent person. The body must not have more than 6 members. This body will see to the fact that all the grievances brought be resolved within 15 days.
Tier 3 – “The Ministry shall constitute an Inter- Departmental Committee, called the Committee, consisting of representatives from the Ministry of Information and Broadcasting, the Ministry of Women and Child Development, Ministry of Law and Justice, Ministry of Home Affairs, Ministry of Electronics and Information Technology, Ministry of External Affairs, Ministry of Defence, the Indian Computer Emergency Response Team and such other Ministries and Organizations, including domain experts, that it may decide to include in the Committee,” says the rules.
Interesting question, and one that’s on the back of the minds of many people. To understand the consequences, we have to turn our eyes to the Section 79 of the IT Rules 2021. In this rule its stated that-
“When an intermediary fails to observe these rules, the provisions of sub-section (1) of section 79 of the Act shall not be applicable for such intermediary and the intermediary shall be liable for punishment under any law for the time being in force including the provisions of the Act and the Indian Penal Code.”
This in a nutshell means that the Section 79 of the rules gives subsidiaries a legal immunity and if they don’t comply to the rules, the legal immunity will be taken away.
What kind of legal immunity will digital platforms have if they agree to the rules?
According to the Section 79’s sub-section 1-
“Notwithstanding anything contained in any law for the time being in force but subject to the provisions of sub-sections (2) and (3), an intermediary shall not be liable for any third-party information, data, or communication link made available or hosted by him.”
On May 22, the indigenously made Twitter alternative Koo announced that it had met the compliance requirements to eh IT Rules 2021 way before the May 25 deadline. As of May 2021, the company has amassed as many as 6 million active users. Other than Koo, so far no other social media platform or OTT platform has complied with the rules.
