Tag Archives: social media

Doing business in India: Social media platforms must follow the Constitution and laws of India

Newsroom24x7 Network

The Union Minister for Law & Justice, Communications and Electronics & Information Technology, Ravi Shankar Prasad (representative photo).

New Delhi: Amidst growing concerns around lack of transparency, accountability and rights of users related to digital media and after elaborate consultation with the public and stakeholders, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 has been framed in exercise of powers under section 87 (2) of the Information Technology Act, 2000 and in supersession of the earlier Information Technology (Intermediary Guidelines) Rules 2011.

While finalizing these Rules, both the Ministries of Electronics and Information Technology and Ministry of Information and Broadcasting undertook elaborate consultations among themselves in order to have a harmonious, soft-touch oversight mechanism in relation to social media platforms as well as digital media and OTT platforms etc.

Part- II of these Rules shall be administered by Ministry of Electronics and IT, while Part-III relating to Code of Ethics and procedure and safeguards in relation to digital media shall be administered by the Ministry of Information and Broadcasting.

Background:

The Digital India programme has now become a movement which is empowering common Indians with the power of technology. The extensive spread of mobile phones, Internet etc. has also enabled many social media platforms to expand their footprints in India. Common people are also using these platforms in a very significant way. Some portals, whichpublish analysis about social media platforms and which have not been disputed, have reported the following numbers as user base of major social media platforms in India:

  • WhatsApp users: 53 Crore
  • YouTube users: 44.8 Crore
  • Facebook users: 41 Crore
  • Instagram users: 21 Crore
  • Twitter users: 1.75 Crore

These social platforms have enabled common Indians to show their creativity, ask questions, be informed and freely share their views, including criticism of the Government and its functionaries. The Government acknowledges and respects the right of every Indian to criticizeand disagree as an essential element of democracy. India is the world’s largest open Internet society and the Government welcomes social media companies to operate in India, do business and also earn profits. However, they will have to be accountable to the Constitution and laws of India.

            Proliferation of social media,on one hand empowers the citizens then on the other hand gives rise to some serious concerns and consequences which have grown manifold in recent years. These concerns have been raised from time to time in various forums including in the Parliament and its committees, judicial orders and in civil society deliberations in different parts of country. Such concerns are also raised all over the world and it is becoming an international issue.

Of late,some very disturbing developments are observed on the social media platforms. Persistent spread of fake news has compelled many media platforms to create fact-check mechanisms.Rampant abuse of social media to share morphed images of women and contents related to revenge porn have often threatened the dignity of women. Misuse of social media for settling corporate rivalriesin blatantly unethical manner has become a major concern for businesses.Instances of use of abusive language, defamatory and obscene contents and blatant disrespect to religious sentiments through platforms are growing.

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

It was found that currently there is no robust complaint mechanism wherein the ordinary users of social media and OTT platforms can register their complaint and get it redressed within defined timeline. Lack of transparency and absence of robust grievance redressal mechanism have left the users 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 in developing a social media profile is left with no remedies in case that profile is restricted or removed by the platform without giving any opportunity to be heard.

Evolution of Social Media and Other Intermediaries:

  • If we notice the evolution of social media intermediaries, they are no longer limited to playing the role of pure intermediary and often they become publishers. These Rules are a fine blend of liberal touch with gentle self-regulatory framework. It works on the existing laws and statues of the country which are applicable to content whether online or offline. In respect of news and current affairs publishers are expected to follow the journalistic conduct of Press Council of India and the Programme Code under the Cable Television Network Act, which are already applicable to print and TV. Hence, only a level playing field has been proposed.

Rationale and Justification for New Guidelines:

These Rules substantially empower the ordinary users of digital platforms to seek redressal for their grievances and command accountability in case of infringement of their rights. In this direction, the following developments are noteworthy:

  • The Supreme Court in suo-moto writ petition (Prajjawala case) vide order dated 11/12/2018 had observed that the Government of India may frame necessary guidelines to eliminate child pornography, rape and gangrape imageries, videos and sites in content hosting platforms and other applications.
  • The Supreme Court vide order dated 24/09/2019 had directed the Ministry of Electronics and Information Technology to apprise the timeline in respect of completing the process of notifying the new rules.
  • There was a Calling Attention Motion on the misuse of social media and spread of fake news in the Rajya Sabha and the Minister had conveyed to the house on 26/07/2018, the resolve of the Government to strengthen the legal framework and make the social media platforms accountable under the law. He had conveyed this after repeated demands from the Members of the Parliament to take corrective measures.
  • The Ad-hoc committee of the Rajya Sabha laid its report on 03/02/2020 after studying the alarming issue of pornography on social media and its effect on children and society as a whole and recommended for enabling identification of the first originator of such contents.

Consultations:

  • The Ministry of Electronics and Information Technology (MEITY) prepared draft Rules and invited public comments on 24/12/2018. MEITY received 171 comments from individuals, civil society, industry association and organizations. 80 counter comments to these comments were also received. These comments were analyzed in detail and an inter-ministerial meeting was also held and accordingly, these Rules have been finalized.

Salient Features

Guidelines Related to Social Media to Be Administered by Ministry of Electronics and IT:

  • Due Diligence To Be Followed By Intermediaries: The Rules prescribe due diligence that must be followed by intermediaries, including social media intermediaries. In case, due diligence is not followed by the intermediary, safe harbour provisions will not apply to them.
  • Grievance Redressal Mechanism: The Rules seek to empower the users by mandating the intermediaries, including social media intermediaries, to establish a grievance redressal mechanism for receiving resolving complaints from the users or victims. Intermediaries shall appoint a Grievance Officer to deal with such complaints andshare the name and contact details of such officer. Grievance Officer shall acknowledge the complaint within twenty four hours and resolve it within fifteen days from its receipt.
  • Ensuring Online Safety and Dignity of Users, Specially Women Users: Intermediaries shall remove or disable access withing 24 hours of receipt of complaints of contents that exposes the private areas of individuals, show such individuals in full or partial nudity or in sexual act or is in the nature of impersonation including morphed images etc. Such a complaint can be filed either by the individual or by any other person on his/her behalf.
  • Two Categories of Social Media Intermediaries: To encourage innovations and enable growth of new social media intermediaries without subjecting smaller platforms to significant compliance requirement, the Rules make a distinction between social media intermediaries and significant social media intermediaries. This distinction is based on the number of users on the social media platform. Government is empowered to notify the threshold of user base that will distinguish between social media intermediaries and significant social media intermediaries. The Rules require the significant social media intermediaries to follow certain additional due diligence.
  • Additional Due Diligence to Be Followed by Significant Social Media Intermediary:
    • Appoint a Chief Compliance Officer who shall be responsible for ensuring compliance with the Act and Rules. Such a person should be a resident in India.
    • Appoint a Nodal Contact Person for 24×7 coordination with law enforcement agencies. Such a person shall be a resident in India.
    • Appoint a Resident Grievance Officer who shall perform the functions mentioned under Grievance Redressal Mechanism. Such a person shall be a resident in India.
    • Publish a monthly compliance report mentioning the details of complaints received and action taken on the complaints as well as details of contents removed proactively by the significant social media intermediary.
    • Significant social media intermediaries providing services primarily in the nature of messaging shall enable identification of the first originator of the information that is required only for the purposes of prevention, detection, investigation, prosecution or punishment of an offence related to sovereignty and integrity of India, the security of the State, friendly relations with foreign States, or public order or of incitement to an offence relating to the above or in relation with rape, sexually explicit material or child sexual abuse material punishable with imprisonment for a term of not less than five years. Intermediary shall not be required to disclose the contents of any message or any other information to the first originator.
    • Significant social media intermediary shall have a physical contact address in India published on its website or mobile app or both.
    • Voluntary User Verification Mechanism: Users who wish to verify their accounts voluntarily shall be provided an appropriate mechanism to verify their accounts and provided with demonstrable and visible mark of verification. 
    • Giving Users An Opportunity to Be Heard: In cases where significant social media intermediaries removes or disables access to any information on their own accord, then a prior intimation for the same shall be communicated to the user who has shared that information with a notice explaining the grounds and reasons for such action. Users must be provided an adequate and reasonable opportunity to dispute the action taken by the intermediary. 
  • Removal of Unlawful Information:An intermediary upon receiving actual knowledge in the form of an order by a court or being notified by the Appropriate Govt. or its agencies through authorized officer should not host or publish any information which is prohibited under any law in relation to the interest of the sovereignty and integrity of India, public order, friendly relations with foreign countries etc.
  • The Rules will come in effect from the date of their publication in the gazette, except for the additional due diligence for significant social media intermediaries, which shall come in effect 3 months after publication of these Rules.

Digital Media Ethics Code Relating to Digital Media and OTT Platforms to Be Administered by Ministry of Information and Broadcasting:

There have been widespread concerns about issues relating to digital contents both on digital media and OTT platforms. Civil Society, film makers, political leaders including Chief Minister, trade organizations and associations have all voiced their concerns and highlighted the imperative need for an appropriate institutional mechanism. The Government also received many complaints from civil society and parents requesting interventions. There were many court proceedings in the Supreme Court and High Courts, where courts also urged the Government to take suitable measures.

Since the matter relates to digital platforms, therefore, a conscious decision was taken that issues relating to digital media and OTT and other creative programmes on Internet shall be administered by the Ministry of Information and Broadcasting but the overall architecture shall be under the Information Technology Act, which governs digital platforms.

Consultations:

            Ministry of Information and Broadcasting held consultations in Delhi, Mumbai and Chennai over the last one and half years wherein OTT players have been urged to develop “self-regulatory mechanism”. The Government also studied the models in other countries including Singapore, Australia, EU and UK and has gathered that most of them either have an institutional mechanism to regulate digital content or are in the process of setting-up one.

            The Rules establish a soft-touch self-regulatory architecture and a Code of Ethics and three tier grievance redressal mechanism for news publishers and OTT Platforms and digital media.

Notified under section 87 of Information Technology Act, these Rules empower the Ministry of Information and Broadcasting to implement Part-III of the Rules which prescribe the following:

  • Code of Ethicsfor online news, OTT platforms and digital media:This Code of Ethics prescribe the guidelines to be followed by OTT platforms and online news and digital media entities.
  • Self-Classification of Content: The OTT platforms, called as the publishers of online curated content in the rules, would self-classify the content into five age based categories– U (Universal), U/A 7+, U/A 13+, U/A 16+, and A (Adult). Platforms would be required to implement parental locks for content classified as U/A 13+ or higher, and reliable age verification mechanisms for content classified as “A”. The publisher of online curated content shall prominently display the classification rating specific to each content or programme together with a content descriptor informing the user about the nature of the content, and advising on viewer description (if applicable) at the beginning of every programme enabling the user to make an informed decision, prior to watching the programme.
  • Publishers of news on digital media would be required to observe Norms of Journalistic Conduct of the Press Council of India and the Programme Code under the Cable Television Networks Regulation Act thereby providing a level playing field between the offline (Print, TV) and digital media.
  • three-level grievance redressal mechanism has been established under the rules with different levels of self-regulation.
    • Level-I: Self-regulation by the publishers;
    • Level-II: Self-regulation by the self-regulating bodies of the publishers;
    • Level-III: Oversight mechanism.
  • Self-regulation by the Publisher: Publisher shall appoint a Grievance Redressal Officer based in India who shall be responsible for the redressal of grievances received by it. The officer shall take decision on every grievance received by it within 15 days.
  • Self-Regulatory Body: There may be one or more self-regulatory bodies of publishers. Such a body shall be headed by a retired judge of the Supreme Court, a High Court or independent eminent person and have not more than six members. Such a body will have to register with the Ministry of Information and Broadcasting. This body will oversee the adherence by the publisher to the Code of Ethics and address grievances that have not be been resolved by the publisher within 15 days.
  • Oversight Mechanism: Ministry of Information and Broadcasting shall formulate an oversight mechanism. It shall publish a charter for self-regulating bodies, including Codes of Practices. It shall establish an Inter-Departmental Committee for hearing grievances. 

Social media is being used to instigate mob lynching: Digvijay Singh

Newsroom24x7 Network

Senior Congress leader and former Chief Minister Digvijay Singh at Digital Press Club function in Bhopal on Tuesday, 22 October 2019

Bhopal: Senior Congress leader and former Madhya Pradesh Chief Minister Digvijay Singh today expressed concern on Fake News and said mob lynching incidents are being instigated through social media.

Singh was speaking as Chief Guest at a special session on “Role of Digital Media in Transforming Madhya Pradesh” organised jointly by Digital Press Club and PHD Chamber of Commerce and Industry.

Pankaj Pachouri, senior Journalist and media advisor to former Prime Minister Manmohan Singh, delivered the keynote address. He had a word of praise for Bhopal journalists and said they have taken the lead by setting up the world’s first digital press club. There are 110 crore mobile phones and 25 crore people in India receive internet data on their smart phones. The Government is allowing companies to collect data and rake in huge profit and there is total lack of regulation to control them. This is because they (those in power) are serving their own interests by using social media for propaganda. Finland is the only country in the world where access to internet is a fundamental right. Government of India should take a cue from Finland and make access to Internet a fundamental right, he said adding children should be educated in schools about internet and fake news. Pachouri also went on to advise the Madhya Pradesh Government by saying it could take a lead by declaring internet as a fundamental right of the people in the major cities to begin with.

Speaking on the occasion, State Public Relations Minister PC Sharma said that the Digital Press Club should present a summary of the day’s discussions for the Government’s consideration. Regarding government advertisements for news portals that have been stopped for a long time, Sharma said that a proposal in this regard is under awaiting Government’s final consent. He gave the assurance that the issue will be sorted out soon. He also gave a similar assurance regarding the Journalists’ Protection Act. The government is committed to fulfilling its promises to the journalists, he went on to underscore.

Madhya Pradesh Public Relations Commissioner P Narhari said that the impact of digital media has increased with advancement in technology and now print and electronic media will have to maintain their relevance in the digital era. The State government has started a social media department, he said adding that the advantage of digital media is that it’s reach is verifiable in exact terms.  Now video content is viewed the most when it comes to digital media, he said adding through social media, even things that otherwise used to remain hidden are now getting exposed.

Senior journalist Panini Anand said most of the serious content is now available on independent news websites. He opposed the idea of imposing any control or restriction on social media by those in power. He also had a word of caution against companies like Google and Facebook saying they are in the big business of collecting data without recruiting anyone. In fact every other person is working for these companies and “we have become unpaid workers”, he pointed out.

Senior journalist Amrita Rai advocated the importance of digital literacy.

The program was presided over by Digital Press Club President Rajesh Bhatia. Club Secretary Vinay Dwivedi gave the vote of thanks.  

ITR forms and social media reports: CBDT issues rejoinder

Newsroom24x7 Network

New Delhi: Central Board of Direct Taxes (CBDT) said on Tuesday, 16 July 2019, that no changes have been made in any of the Income-tax Return (ITR) forms including ITR-2 and ITR-3 since the notification issued on 1 April 2019, i.e. on the 1st day of the Assessment Year 2019-20.

The CBDT statement comes in the wake of reports in social media that the taxpayers were facing difficulties in filing return of income in ITR-2 & ITR-3 due to large-scale changes in the ITR form on 11 July 2019.

CBDT has stated that the software utility for e-filing of all the ITR forms has been released long ago. The utility for e-filing ITR-2 and ITR-3 was released on 2 May and on 10 May 2019 respectively. According to the Income tax governing authority, software utility update is a dynamic process and is continuously taken up as per the feedback received from the users/filers to ease their experience in electronic filing of returns.

Fruther, it has been clarified that the updating of utility does not hamper filing of return as the taxpayers are allowed to file using the utility which is available at that point of time. For example, more than 85 lakh taxpayers have filed returns in ITR-1 till date by using the said utility, which has also undergone update later. Therefore, the impression that the taxpayers are not able to file return due to changes in ITR form is also not correct as more than 1.38 crore taxpayers have already filed their returns by using the utility released till date. Even though the utility is being updated regularly to provide ease to taxpayers, the returns filed by using the previous version of utility will continue to be valid.

CBDT has also stated that the updation in utility of ITR forms is based on feedback and it is mainly aimed at easing the compliance burden of the taxpayers by facilitating easier e-filing. For instance, this year, the facility of pre-filling of return forms has been provided based on the information furnished in the TDS statements. This facility has been updated in the utility subsequently. This would substantially reduce the efforts of taxpayers in filling of return forms.

It has been reiterated by CBDT that there are no changes in the notified ITR forms; only the utility has been updated to facilitate the taxpayers. Therefore, the assertion that numerous changes have been made in ITR-2 and ITR-3 on 11 July 2019, does not give a correct picture.

Social media saved from new encryption policy

Newsroom24x7 Desk

socialsNew Delhi : What began yesterday as a broad base decision of delete rules for Indian text friendly citizens, took a new turn and got clamped down for the social media.

It all began with the new encryption law stating Indians to compulsorily store plain-text versions of their encrypted data for 90 days and make it available to security agencies. Media protests and social sites feeling outraged about this policy for the likes of Whatsapp and other text messaging services immediately got attention from the policy makers.

Result – The Indian government has exempted social media applications from a new encryption policy after public uproar over the proposed measures. Online banking and purchases will also be exempt from the law. The encryption policy was proposed to enhance information security in India.

Indians have until 16 October to weigh in on the proposed measures, and the government has said that the final policy will only be drafted after the feedback is taken into account.