Centre Finalizes Draft Rules For Regulation of Social Media Intermediaries, OTT Platforms & Online Media

Why In News?

The government has recently announced new rules for intermediary platforms, and social media intermediaries as well as for digital media and over the top (OTT) content players.

Social media companies and redressal 

The government wants social media companies to have a mechanism to address complaints from users. It wants social media intermediaries to have the following:

• Chief Compliance Officer who shall be responsible for ensuring compliance with the Act and Rules.
• Nodal Contact Person for 24×7 coordination with law enforcement agencies.
• Resident Grievance Officer who shall perform the functions mentioned under Grievance Redressal Mechanism.

All these officers have to be residents of India.

It wants companies to have a chief compliance officer for significant social media companies as well. The rules call for social media companies to publish a monthly compliance report as well.

Track originator of a message

The rules also call for tracking of the ‘first originator’ of a message and apply to a significant social media intermediary. It also wants the significant social media intermediary to have a physical contact address in India published on its website or mobile app or both. For players like WhatsApp, which are end-to-end encrypted, this could mean they will be forced to break encryption in India in order to comply.

OTT content platforms, digital media 

The government has called for a grievance redressal system for OTT platforms and digital news media portals as well. The government is also asking OTT platforms and digital news media to self-regulate and wants a mechanism for addressing any grievances.

While films have a censor board, OTT platforms will require to self-classify their movies and content based on age. The content will have to be classified based on age appropriateness. The government wants the OTT players to classify films based on 13+, 16+ and those for adults and clarified it is not bringing any kind of censorship to these platforms.

There has to be a mechanism of parental lock and ensuring compliance with the same. Platforms like Netflix already have an option for a parental lock.

For publishers of news on digital media, they will 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,” according to the government.

It also wants a three-level grievance redressal mechanism. This will include self-regulation by the publishers; self-regulation by the self-regulating bodies of the publishers and oversight mechanism.

The government wants digital media to 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.

There maybe one or more self-regulatory bodies of publishers. According to the rules, this 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.”

The 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.

Background:

What is an Over-The-Top platform (OTT)?

1. OTTs are streaming media services that streams content online. They stream content directly on internet through some means such as applications.
2. The term OTT is generally used to describe the video-on-demand platforms like Netflix, Amazon prime, etc but OTTs also include audio streaming, messaging, internet-based voice calling services.
3. OTT bypasses cable, broadcast, and satellite television platforms, the companies that traditionally act as a controller or distributor of such content.
4. Content is streamed over the public Internet, rather than a closed, private network with proprietary equipment such as set-top boxes.
5. OTT is also used by traditional distributor of content to live stream specialty channels.

Currently, there is no law or autonomous body governing digital content. In a gazette notification issued and signed by President Ram Nath Kovind, online films, digital news and current affairs content now come under the purview of the I&B Ministry.

While the print was regulated by the Press Council of India and Television, both News and Entertainment, were being regulated by the Cable Networks Regulation Act (2005), content on online, the Government felt, fell into a black hole with no oversight.

Though there is no regulatory mechanism for OTTs as of now, all such platforms come under the Information technology Act, 2000 as they qualify to be called as Intermediaries.

Section 79 of the IT Act, intermediaries must exercise due diligence while streaming content. The Guidelines for due diligence have also been framed by the government in 2011.