Introduction:
Centre Govt notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2022, making it mandatory for social media platforms such as Twitter, Facebook, YouTube, Instagram, etc. to comply by the provisions of the Constitution of India. The tweaked IT rules have also paved way for setting up of three grievance appellate panels, which will settle issues that users may have against the way social media platforms initially addressed their complaints regarding content and other matters. The grievance committees will be able to review content moderation.
- It mandates a grievance redressal system for over the top (OTT) and digital portals in the country. This is necessary for the users of social media to raise their grievance against the misuse of social media.
- Significant social media firms have to appoint a chief compliance officer and have a nodal contact person who can be in touch with law enforcement agencies 24/7.
- A grievance officer: Social media platforms will also have to name a grievance officer who shall register the grievance within 24 hours and dispose of it in 15 days.
- Removal of content: If there are complaints against the dignity of users, particularly women – about exposed private parts of individuals or nudity or sexual act or impersonation etc – social media platforms will be required to remove that within 24 hours after a complaint is made.
- A monthly report: They also will have to publish a monthly report about the number of complaints received and the status of redressal.
- There will be three levels of regulation for news publishers — self-regulation, a self-regulatory body, headed by a retired judge or an eminent person, and oversight from the Information and Broadcasting Ministry, including codes of practices and a grievance committee.
Importance of Citizen grievance redressal
- In a developing country like ours, Government has to perform many functions. The citizens depend on the services provided by various government agencies. To levy rice, wheat and sugar from a ration shop, a citizen has to have a ration card issued by the Government.
- It is a common experience that the citizens often face difficulties in dealing with government agencies. Too many rules and regulations are there, resulting in unnecessary delay.
- The difficulties that the members of the public face in getting services, make the people unhappy and dissatisfied. The poor people suffer most. They badly need government support and services, but they are the ones who are often harassed and turned down.
- This is obviously bad for the healthy democracy. The average citizen wants sympathetic, courteous and helpful public administration. If there are too many public grievances against the government agencies, corrective measures have to be taken to redress those grievances.
Need for regulation
- The issue of content regulation has always been important in India because of the diverse nature of Indian society in terms of religion, economic status, caste and language. Therefore, the effect that digital media has on society forms the basis of its regulation by the state.
- The speed and reach of digital media especially social media have meant that subversive rumours and fake news get aired with impunity.
- This has resulted in serious law and order problems.
- In India, this phenomenon has assumed dangerous proportions. Fake news and hate speech have led to lynchings and communal flare-ups in many parts of the country. This menace needs to be curbed.
- The Supreme Court had expressed the need to regulate social media to curb fake news, defamation and trolling. It had also asked the Union government to come up with guidelines to prevent misuse of social media while protecting users’ privacy.
- Threat of foreign influence and interference in India’s domestic affairs is more real than ever, particularly from India’s hostile neighbours like China and Pakistan.
- The guidelines could help the government in tightening the noose on Chinese and other foreign companies who are making investments in digital media in the country.
Way Forward and Conclusion:
- Increasing education levels and rising awareness regarding one’s rights and obligation for government, the demands for better mechanism will further increase.
- There is no denying that there are problems with online content, which the government has rightly highlighted now.
- Its release has referred to a 2018 Supreme Court observation that the government “may frame necessary guidelines to eliminate child pornography, rape and gangrape imageries, videos and sites in content hosting platforms and other applications”, besides making a mention of discussions in Parliament about social media misuse and fake news.
- Besides the regulation, data privacy law must be passed immediately as it has been on the back burner. State must also be held accountable in upholding privacy rights of its people.
