Introduction

In a move aimed at enhancing accountability and transparency, the Indian government has announced new regulations for social media platforms, online streaming services, and digital media entities. The Ministry of Information Technology has issued directives requiring these platforms to adhere to stringent compliance obligations, including the publication of monthly compliance reports.

New Compliance Requirements

Under the updated Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, social media platforms like Facebook, Twitter, and messaging apps such as WhatsApp and Telegram are now required to:

1. Publish Monthly Compliance Reports: Platforms must disclose details on complaints received, actions taken, and content removed or blocked through automated monitoring.
2. Appoint Grievance Officers: Each platform is mandated to appoint a grievance officer to handle user complaints and address them in a timely manner.
3. Deploy Automated Moderation Tools: Social media entities must use automated tools to manage and remove objectionable content efficiently.
4. Traceability Feature: Messaging apps need to enable traceability features to identify senders of problematic messages, which could potentially impact end-to-end encryption.

Regulations for Content Management

The new rules also stipulate that:

• Content Removal: Platforms must remove content depicting nudity, sexual acts, or morphed images of women within 24 hours of receiving a complaint.
• User Notifications: If a platform removes content on its own, it must inform the user and provide reasons for the action, allowing users to contest such decisions.

Impact on Digital Media and OTT Platforms

Digital news media publishers are now required to follow the Press Council of India’s journalistic standards and adhere to the Cable TV Networks Regulation Act’s program code. This aims to ensure a level playing field across various media platforms.

OTT platforms, including Netflix and Amazon Prime Video, are mandated to:

• Self-Classify Content: Classify content into five age-based categories: U (Universal), U/A 7+, U/A 13+, U/A 16+, and A (Adult).
• Implement Age Verification: Enforce age verification mechanisms for A-rated content and parental locks for U/A 13+ content.

Grievance Redressal and Self-Regulation

The new regulations introduce a three-tier grievance redressal mechanism, with a self-regulatory body led by a retired judge or an eminent person. This body will oversee the resolution of complaints, which must be addressed within 15 days.

Controversies and Concerns

Despite the government’s intentions, the new rules have sparked concerns among cyber experts. Ankur Raheja, a cyber lawyer, has expressed apprehension that the regulations may be interpreted as targeting websites and platforms, potentially impeding freedom of speech and expression.

Implementation Timeline

While the new regulations are effective immediately, social media platforms have been given a three-month grace period to comply with the new requirements.

Conclusion

The Indian government’s latest regulatory measures aim to create a more accountable and transparent digital ecosystem. As platforms adapt to these changes, the impact on user experience, content management, and digital freedom will be closely watched.