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The Ministry of Electronics and Information Technology released Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 today with Shri Ravi Shankar Prasad and Shri Prakash Javadekar addressing a press conference. Acknowledging the contribution of Social Media platform vis-à-vis the obligations of stakeholders therein, Shri Ravi Shankar Prasad said, “We appreciate the proliferation of Social Media in India and also its use by ordinary Indians. We want them to be more responsible, more accountable to the laws and Constitution of India and give voice to their users.”

Internet by itself is not a Fundamental Right but when the same is coupled with Fundamental Right to Free Speech and Expression under Article 19(1), creates a Right, which is subject to Article 19(2) reasonable restrictions on enumerated grounds, said the Law Minister.

With intending to make the said Rules applicable within a period of 3 months for Significant Social Media Intermediaries (SSMI's), it focuses primarily on self-regulation and robust grievance redressal mechanism. Additional Obligations are laid for SSMIs, so far so, they are required to designate Chief Compliance officer resident in India, Nodal Contact person having 24*7 coordination with law enforcement agencies and a resident grievance officer. Further, Monthly Compliance Report is to be published detailing the number of cases reported and acted upon.

Concept of “First Originator” was also proposed, wherein, for offences with punishment more than 5 years, investigation shall be taken up to decipher “who started the mischief”. While discussing the same, Law Minister also expressed deep concern regarding circulation of demeaning content against women, in cases of animosity between couples or other like matters, and further proposed a mechanism of immediate redressal (within 24 hours of receipt) of complaints related to morphed picture/other like content. In other cases disposal to be made within 15 days of receipt of complaint.

PROCEDURAL HIGHLIGHTS & RULES SPECIFIC TO WOMEN & CHILDREN 

Rule 4. Due Diligence to be observed by an intermediary (including social media intermediary)

(b) The rules and regulations, privacy policy or user agreement of the intermediary shall inform the user of computer resource not to host, display, upload, modify, publish, transmit, store, update or share any information that:

(ii) is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws of India.

(iii) is harmful to minors.

(d) An intermediary, upon receiving actual knowledge in the form of an order by a court of competent jurisdiction or on being notified by the appropriate Government or its agency under clause (b) of sub-section (3) of section 79 of the Act, shall not host, store or publish any information prohibited by any law in relation to the interests of the sovereignty and integrity of India: the security of the State; friendly relations with foreign States; public order; decency or morality; in relation to contempt of court; defamation; incitement to an offence, or information which violates any law for the time being in force

(p) An intermediary shall, within twenty four hours from the receipt of a complaint made by an individual or any person on their behalf under this sub-rule, in relation to any content which is prima facie in the nature of non-consensual transmission of any material which exposes the private area of any person, shows such person in full or partial nudity or shows or depicts such person in any sexual act or conduct, or is in the nature of impersonation in an electronic form, including artificially morphed images, and such content is transmitted with the intent to harass, intimidate, threaten or abuse an individual, take all reasonable and practicable measures to remove or disable access to such content which is hosted, stored, published or transmitted by it.

The aforementioned Rule shall contribute in seeking effective redressal against any individual who circulates image of a women, in a derogatory manner as specified. The remedy is parallel and in consonance with the aiding provisions of the Information Technology Act, 2000 and any other law for the time being in force. What makes it distinct, is a time bound disposal.

Rule 5: Additional Due Diligence to be observed by significant social media intermediary

(a) Appoint a Chief Compliance Officer who shall be responsible for ensuring compliance with the Act and rules made thereunder and shall be liable for any proceedings relating to any relevant third-party information, data or communication link made available or hosted by that intermediary where he fails to ensure that such intermediary observes due diligence while discharging its duties under the Act and rules made thereunder.

(b) Appoint a nodal person of contact for 24x7 coordination with law enforcement agencies and officers to ensure compliance to their orders or requisitions made in accordance with the provisions of law or rules made thereunder.

(c) Appoint a Resident Grievance Officer.

(d) Publish periodic compliance report every six months mentioning the details of complaints received and action taken thereon and the number of specific communication links or parts of information that the intermediary has removed or disabled access to in pursuance of any proactive monitoring conducted by using automated tools or any other relevant information.

CODE OF ETHICS

I. News and current Affairs

II. Online curated content

1. General Principles
2. Content Classification (i) All content transmitted/published/exhibited by an applicable entity shall be classified, based on the nature and type of content, into the following rating categories; ‘U’, ‘U/A 7+’, ‘U/A 13+’, ‘U/A 16+’, ‘A’ (ii) the Content may be classified on the basis of Violence, Nudity, Sex, Language, Drug and substance abuse and Horror as described in the Schedule.

The said proposal mandates a two way classification. While the language of the former indicates strict compliance, liberty has been given to further classify on the basis of nature of content. Implementation on behalf of viewers remains subjective to matter of choice, the idea behind sub classification is well thought.

3. Display of classification (b) The applicable entity making available content that is classified as U/A 13+ or higher shall ensure that access control mechanisms, including parental locks (c) An applicable entity which makes available content/programme that is classified as “A” shall implement a reliable age verification mechanism for viewership of such content.
4. Restriction of access to certain curated content by a child: Every applicable entity providing access to online curated content which has an ‘A’ rating shall take all efforts to restrict access to such content by a child through the implementation of appropriate access control measures.
5. Measures to improve accessibility of online curated content by persons with disabilities

III. Advertisements

CLASSIFICATION OF ANY CURATED CONTENT SHALL BE GUIDED BY THE FOLLOWING SET OF GUIDELINES

Part I: General Guidelines for classification of films and other entertainment programmes, including web based serials

1. Content
2. Theme
3. Tone and impact
4. Target Audience

By providing an exhaustive set of parameters, the proposed Rules seeks to benefit audience of all age, specifically children of young age, who were earlier exposed to a pool of content without any sub-classification/checks to make an informed choice.

Part II: Issue related guidelines

1. Discrimination
2. Psychotropic Substances, liquor, smoking and tobacco
3. Imitable behaviour: (2) Portrayal of potentially dangerous behaviour that are likely to incite the commission of any offence (including suicide, and infliction of self-harm) and that children and young people may potentially copy, will receive a higher classification (4) Films/serials with song and dance scenes comprising lyrics and gestures that have sexual innuendos would receive a higher classification, particularly where such scenes have no bearing on the context and theme of the film.
4. Language
5. Nudity: 1) Adult nudity without any sexual context may not be portrayed upto U/A 16+ category level, 2) Nudity with a sexual context will receive a higher classification of A.
6. Sex: 1) The portrayal of overly sexualized behaviour is a concern at the junior categories and such works will not qualify for upto U/A 16+ category. The classification of content in various categories from U/A to A shall depend upon the portrayal of non-explicit (implicit) to explicit depiction of sexual behaviour. 2) Work containing scenes that may offend human sensibilities on account of vulgarity, obscenity or depravity are likely to receive a higher classification, such as the A category
7. Fear, threat and horror
8. Violence: Sadistic or sexual violence, or other conduct that is demeaning or degrading to human dignity is likely to receive a higher classification.

Higher Classification to certain type of content and creating restricted access to the same, shall ensure sensitized viewership and further help in making internet, a safer place for children. The impact created by visuals lasts longer than any other modes of learning. By the proposed regulation, younger children can be served with content nutritional to their mental growth and progress.

Part III: Category Specific Guidelines

1. U: Suitable for all; parents may allow their children to watch such a program. It includes little or no realistic violence, no sex or nudity, only mild language, no psychotropic, illegal or harmful substance use and any threat or anti-social behaviour is expressly disapproved or resolved quickly.
2. U/A: General viewing but some scenes may be unsuitable for young children

U/A 7+: Suitable for 7 years and above; parental discretion is suggested before allowing younger children to watch this program. Violence may be more realistic, but tends to be rooted in fantasy, or comedy and is generally not prolonged. There are no explicit images of sex or nudity and any sexual content is limited to affectionate encounters.

U/A 13+: Suitable for 13 years and over; intended for more mature audiences. Parents should take caution and learn more before allowing their older children to watch the program. The violence may be more realistic and/or graphic, but not too gory. Acts of self-harm may be implied, but not depicted in great detail. There may be implied nudity or sexual activity, but not graphic; sexual references and innuendo is acceptable. The language may be more mature but will not include strong coarse expletives.

U/A 16+: Suitable for 16 years and over; A program that is not intended for children. The violence can include more graphic acts, including self- harm and acts of sexual violence, but gore will not be prolonged or excessive. Sexual content and depictions of nudity may be more adult as well, but not graphic. Crude and frequent language will be more acceptable in this category. Drug use may be depicted but will not be glamorized or promoted.

3. A: Suitable only for 18 years and above; No one younger than 18 may see an A category film.

By sampling within a sample, the proposed Rules have targeted specific audience for specific content. It has further proposed to put a ‘parental control’ which shall allow selection of suitable content by the guardians. The guidelines are mandatory for the platforms and directory for the parents as much as it gives liberty to administer appropriate content to their children.

What seems commendable in proposing the present scheme is, classifying the content to root level, in order to achieve right audience.

Exceptions to certified ‘A’

This shall not be taken to permit:

• Where the material is in breach of criminal law, or has been created through the commission of a criminal offence;
• Where the work is pornographic in nature
• Where the content is in breach of Sections 67, 67A and 67B of the Information Technology Act, 2000.
• Where the content is prohibited under any law for the time being in force