— Written by Shrey Saboo.
The new social media rules of 2021 are a bold step in the right direction by the Modi Govt. It is a much-needed change for the IT Sector in this age of Social Media. The new rules apply to Social Media giants like Facebook, Twitter and other Social Media apps and OTT Platforms like Hotstar, Sony Liv etc. The Govt of India had given them 3 months of time on 25th February 2021 which ended on 25th May 2021. This was followed by rumours of Instagram, Twitter, Facebook and WhatsApp would be banned. While many criticize the new IT rules, we must appreciate the government for taking a bold decision with regard to this sector since they intend to protect rights of users and were framed because social media giants refused to do so, in their own capacity.
These IT Rules haven’t sprung up suddenly. They came about after two Supreme Court Judgements on the Prajwala case (2018), regarding child pornography and the September 2019 case of Facebook versus the Union of India. In the second case, the Supreme Court said that it is imperative and there is a properly framed regime to find out the persons or institutions who are the originators of such content. Also in 2018, was a debate in the Rajya Sabha, where govt committed to frame guidelines on fake news.
Under the new IT Rules, social media companies have to establish a grievance redressal mechanism and an officer for registering grievances. These companies have to remove materials against the dignity of users if complained within 24 hours. Also they have to appoint a nodal officer for 24*7 contacts with law enforcement agencies. Furthermore, the details of these officers must be published on its website. The companies also have to deliver a report every month on the number of grievances filed and how they were addressed. Most important rule is that on govt or court’s order these companies need to disclose the originator of a mischievous tweet/message.
For the OTT Platforms they need to classify the contents into five different age categories. There must be a parental lock for content above 13 years of age. Age verification for content classified as Adult. OTT Platforms need to disclose the details of the published content. They must have a Grievance redressal system and a self-regulatory body headed by a former SC or HC Judge.
Past the deadline i.e. 25th March, there were rumors around social media that apps like Twitter, Facebook, and Instagram would be banned. The Left Lobby and Congress along with its supporters and its fake news peddlers and fact checkers as usual opposed these new IT Rules and spread fake news about the social media. WhatsApp said that this new rule is a breach in the Privacy of the users. In the latest privacy policy, WhatsApp said that they will share data with Facebook and other business entities. What happens to the privacy here?
These rules are the need of the hour. We have seen many times as to how due to a fake news spread via social media, there have been riots. Example: – Palghar
Sadhus Lynching, Muzaffarnagar Riots. If the govt is able to track the source of the sender then it would help in curbing riots and stabilizing the Law and Order situation. Recently the social media has been a hot bed in sharing misinformation, fake news that instigate riots and contents like pornographic and sexual abuse. Under the old rules the government was helpless in tracking down the original user to share a piece of content. Also, under these new rules, if someone black mails a woman to release her private pictures etc. and when the woman complains to the social media company then the company must reply to her soon. Company is
bound to trace the origin too. If content appears to be against the integrity of India then they must remove that content within 36 hours. Also, these companies will be monitoring the social media platform 24*7 to remove any pornographic or child abuse content immediately.
OTT Platforms have to regulate content, block every nude content to safeguard children, give details of the content, have a parental lock etc. so that movies like Bollywood Begum which can take a serious toll on the mental health are kept away from children. If a company has to operate in India then it needs to follow the laws of India. It can’t dictate the world’s largest democracy. There are crores of people who use social media, watch movies on OTT Platforms and we all know what type of content circulates. To keep a check on those types of content, these rules are necessary.
At last, I would like to thank the Govt of India for emphasizing on these norms; playing on front foot despite backlash by many sectors of the society they were adamant on implementing these laws. We even saw how the Govt had given Twitter a befitting reply as they were “beating around the bush.” Twitter takes tough action when there is vandalism on Capitol Hill, but when vandals and pro – terrorist elements invade Red Fort, twitter goes mum. They show a part of Ladakh as China and it takes fortnight to get it removed. Kangana Ranaut’s account is deleted but Sharjeel Usmani’s twitter account is there as it is. Twitter is an American company and has a huge user base, but still refuse to give any indulgence to its own user who are suffering in India because of abuse. Who is twitter to lecture India on Democracy?
No company can afford to get banned in a country like India where there are crores of users. Not only India, but countries like Poland, Germany, and France have passed similar rules for social media to curb cyber-crime. Did these companies protest against them or refuse to comply with their laws?
Views expressed are those of the writer.
TeamSP Official 