Bills and Acts: India Amended Information Technology Rules

In 2021, India revamped its regulatory framework concerning social media intermediaries (SMIs) with the introduction of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These rules aimed to modernize and address emerging challenges, emphasizing the importance of fostering an open, safe, and trusted online environment.

Here are the key points summarizing the new amendments for social media intermediaries:

1. Legal Obligation to Prevent Harmful Content: Intermediaries are now legally required to take reasonable measures to prevent users from uploading harmful or unlawful content.

2. Respect for Fundamental Rights: Intermediaries must uphold the rights guaranteed to users under Articles 14, 19, and 21 of the Indian Constitution, ensuring due diligence, privacy protection, and transparency.

3. Availability in Multiple Languages: The rules, regulations, privacy policy, and user agreements of the platform must be accessible in all languages listed in the eighth schedule of the Constitution, promoting inclusivity and understanding among users.
   
   

Here's a breakdown of the amendments to Rule 3:

1. Rationalization of Grounds:

   • The words 'defamatory' and 'libellous' have been removed from subclause 1 of rule 3 (rule 3(1)(b)(ii)).
   • Determination of whether content is defamatory or libellous will now be subject to judicial review.

2. Rephrasing Content Categories:

   • Some content categories in subclause 1 of rule 3 (rule 3(1)(b)) have been revised to specifically address misinformation and content that may incite violence between different religious or caste groups.
     
     

Here's a breakdown of the key points regarding the obligations and establishment of Grievance Appellate Committees:

1. Obligations of MIS (Media Intermediaries):

   • MIS are now required to promptly remove information or communication links related to six prohibited categories of content upon receiving a complaint.
   • Removal must occur within 72 hours of receiving the complaint, recognizing the rapid spread of content online and the need for swift action to contain it.

2. Establishment of Grievance Appellate Committee(s):

   • Grievance Appellate Committees will be set up to enable users to appeal against the inaction or decisions made by intermediaries regarding user complaints.
   • Despite this provision, users retain the right to seek legal recourse through the courts for any remedy they deem necessary.

3. Powers of the Grievance Appellate Committee:

   • Notably, the IT Rules, 2021 do not explicitly empower the Grievance Appellate Committee to enforce its orders.
   • Simultaneous recourse to both the courts and the Grievance Appellate Committee could potentially lead to conflicting decisions, undermining the impartiality and effectiveness of either institution.

These measures aim to strike a balance between the swift removal of harmful content and ensuring avenues for users to seek redressal for grievances, while also highlighting potential challenges in their implementation and enforcement.

Here are the key provisions outlined in the IT Rules, 2021:

1. Mandate for Social Media Diligence:

   • The IT Rules (2021) require social media platforms to exercise greater diligence in managing the content on their platforms, emphasizing accountability for the material shared.

2. Establishment of Grievance Officer:

   • Social media platforms are mandated to establish a grievance redressal mechanism to address user complaints promptly.
   • The grievance officer of the platform's redressal mechanism is tasked with receiving and resolving user complaints.

3. Ensuring Online Safety and Dignity:

   • Intermediaries are obligated to promptly remove or disable access to content within 24 hours of receiving complaints regarding material that exposes private areas of individuals, depicts nudity or sexual acts, or involves impersonation, including manipulated images.

4. Education on Privacy Policies:

   • Social media platforms are required to ensure that their privacy policies educate users about refraining from sharing copyrighted material and content that may be defamatory, racially or ethnically objectionable, paedophilic, or threatening to India's unity, integrity, defence, security, or friendly relations with foreign states, or that violates contemporary laws.

These rules aim to enhance online safety, protect user dignity, and promote responsible content moderation on social media platforms.

Here are some of the present government initiatives for cybersecurity:

1. Cyber Surakshit Bharat Initiative: This initiative aims to spread awareness about cybersecurity among citizens and organizations, focusing on safe online practices and cybersecurity hygiene.

2. Cyber Swachhta Kendra: It is a platform established to provide information and tools to users to clean and secure their computer systems and devices from malware and other cyber threats.

3. Online Cybercrime Reporting Portal: This portal allows citizens to report cybercrimes and seek assistance from law enforcement agencies. It facilitates easier and faster reporting of cyber incidents, leading to more effective responses.

4. Indian Cyber Crime Coordination Centre (I4C): I4C serves as a centralized agency for coordinating and monitoring cybercrime investigations and cybersecurity-related activities across the country. It aims to enhance the capabilities of law enforcement agencies in combating cybercrimes.

5. National Critical Information Infrastructure Protection Centre (NCIIPC): NCIIPC is responsible for protecting critical information infrastructure in India from cyber threats and attacks. It works towards ensuring the security and resilience of vital sectors such as energy, transportation, finance, and healthcare.

6. Information Technology Act, 2000: This act provides the legal framework for addressing various cybercrimes and regulating electronic transactions and communication in India. It establishes provisions for the investigation, prosecution, and punishment of cyber offenses.

These initiatives reflect the government's commitment to enhancing cybersecurity infrastructure, raising awareness, and combatting cyber threats to safeguard the digital ecosystem in India.

Conclusion:
In summary, the government is actively considering a new legislative framework to address various issues in the digital space. This framework would encompass making the majority of cybercrimes non-bailable offences, implementing a comprehensive data protection regime, including cyber war as an offence under the IT Act, and revising Section 66A to align with constitutional principles. Additionally, the evolving nature of digital interactions necessitates enhanced bilateral and multilateral arrangements between countries to ensure coordinated action across borders. This comprehensive approach aims to strengthen cybersecurity, protect individual rights, and foster international cooperation in the digital realm.