Why does the government bring new guidelines for social-media intermediaries by notifying IT Rules 2021?

Official release by the Ministry of Electronics and ITmentions that amidst growing concerns around lack of transparency,accountability and rights of users related to digital media and after elaborateconsultation with the public and stakeholders, these guidelines have been framed.

What is the need of such guidelines?

According to stand of thegovernment, the Digital India program has now become a movement whichis empowering common Indians with the power of technology.

The extensive spread of mobile phones, Internet etc. hasalso enabled many social media platforms to expand their footprints in India.Common people are also using these platforms in a very significant way. Someportals, which publish analysis about social media platforms and which have notbeen disputed, have reported the following numbers as user base of major socialmedia platforms in India:

These social platforms have enabled common Indians toshow their creativity, ask questions, be informed and freely share their views,including criticism of the Government and its functionaries. The Governmentacknowledges and respects the right of every Indian to criticize and disagreeas an essential element of democracy. India is the world’s largest openInternet society and the Government welcomes social media companies to operatein India, do business and also earn profits. However, they will have to beaccountable to the Constitution and laws of India.

According to government release, proliferation of socialmedia, on one hand empowers the citizens then on the other hand gives rise tosome serious concerns and consequences which have grown manifold in recentyears. These concerns have been raised from time to time in various forumsincluding in the Parliament and its committees, judicial orders and in civilsociety deliberations in different parts of country. Such concerns are alsoraised all over the world and it is becoming an international issue.

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Ministry of Electronics and IT also said that of late, somevery disturbing developments are observed on the social media platforms.Persistent spread of fake news has compelled many media platforms to createfact-check mechanisms. Rampant abuse of social media to share morphed images ofwomen and contents related to revenge porn have often threatened the dignity ofwomen. Misuse of social media for settling corporate rivalries in blatantlyunethical manner has become a major concern for businesses. Instances of use ofabusive language, defamatory and obscene contents and blatant disrespect toreligious sentiments through platforms are growing.

Over the years, the increasing instances of misuse ofsocial media by criminals, anti-national elements have brought new challengesfor law enforcement agencies. Theseinclude inducement for recruitment ofterrorists, circulation of obscene content, spread of disharmony, financialfrauds, incitement of violence, public order etc.

It was found that currently there is no robust complaintmechanism wherein the ordinary users of social media and OTT platforms canregister their complaint and get it redressed within defined timeline. Lack oftransparency and absence of robust grievance redressal mechanism have left theusers totally dependent on the whims and fancies of social media platforms.Often it has been seen that a user who has spent his time, energy and money indeveloping a social media profile is left with no remedies in case that profileis restricted or removed by the platform without giving any opportunity to beheard.

Evolution of Social Media and OtherIntermediaries:

If we notice the evolution of social mediaintermediaries, they are no longer limited to playing the role of pureintermediary and often they become publishers. These Rules are a fine blend ofliberal touch with gentle self-regulatory framework. It works on the existinglaws and statues of the country which are applicable to content whether onlineor offline. In respect of news and current affairs publishers are expected tofollow the journalistic conduct of Press Council of India and the ProgrammeCode under the Cable Television Network Act, which are already applicable toprint and TV. Hence, only a level playing field has been proposed.

Rationale and Justification for NewGuidelines:

These Rules substantially empower theordinary users of digital platforms to seek redressal for their grievances andcommand accountability in case of infringement of their rights. In thisdirection, the following developments are noteworthy:

The Supreme Court in suo-moto writ petition (Prajjawalacase) vide order dated 11/12/2018 had observed that the Government of India mayframe necessary guidelines to eliminate child pornography, rape and gang rapeimageries, videos and sites in content hosting platforms and otherapplications.

The Supreme Court vide order dated 24/09/2019 haddirected the Ministry of Electronics and Information Technology to apprise thetimeline in respect of completing the process of notifying the new rules.

There was a Calling Attention Motion on the misuse ofsocial media and spread of fake news in the Rajya Sabha and the Minister hadconveyed to the house on 26/07/2018, the resolve of the Government tostrengthen the legal framework and make the social media platforms accountableunder the law. He had conveyed this after repeated demands from the Members ofthe Parliament to take corrective measures.

The Ad-hoc committee of the Rajya Sabha laid its reporton 03/02/2020 after studying the alarming issue of pornography on social mediaand its effect on children and society as a whole and recommended for enablingidentification of the first originator of such contents.

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