The Central Government has rolled out a stringent regulatory framework aimed at enforcing greater accountability on social media intermediaries and Over-The-Top (OTT) platforms operating in India. The move is designed to tackle the proliferation of unlawful, obscene, and harmful content online, empowering authorities to take decisive action.
Key Provisions of the IT Rules, 2021: A Closer Look
The regulations are anchored in the Information Technology Act and the detailed Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021). These rules specify punishments for a range of cyber offences, including violations of privacy under Section 66E and the publishing of obscene or sexually explicit material under Sections 67, 67A, and 67B. Critically, they grant police the power to investigate such offences (Section 78) and to enter public places, search, and arrest suspects (Section 80).
A core component is Rule 3(1)(b), which restricts platforms from hosting or transmitting a wide array of content. This includes material that is:
- Obscene, pornographic, or invasive of another's privacy.
- Insulting, harassing, or promoting hate based on gender, race, or ethnicity.
- Harmful to children or that deceives/misleads the public, including via deepfakes.
- Involving impersonation of others, even through Artificial Intelligence.
- Threatening to India's national security or public order.
Enhanced User Awareness and Swift Content Removal
Platforms, or intermediaries, now have clear obligations to inform users. They must explicitly state in their terms of service the potential consequences of sharing unlawful content, such as removal, account suspension, or termination.
More importantly, the rules mandate a strict timeline for content removal. Intermediaries must act "expeditiously" to take down unlawful content when they receive:
- A court order.
- A reasoned request from a government agency.
- A user grievance through the established redressal mechanism.
The New Grievance Redressal and Oversight Mechanism
A major structural change is the establishment of a formal grievance system. All intermediaries must appoint a Grievance Officer to address user complaints. These officers are required to resolve complaints and remove unlawful content within 72 hours. For specific violations like privacy breaches, impersonation, or nudity, the removal timeline is tightened to just 24 hours.
If a user is dissatisfied with the intermediary's response, they can now appeal to a Grievance Appellate Committee (GAC). This independent body, accessible online at www.gac.gov.in, is tasked with ensuring transparency and accountability in content moderation decisions.
Special Obligations for Major Platforms (SSMIs)
The rules impose additional responsibilities on Significant Social Media Intermediaries (SSMIs)—those with over 50 lakh (5 million) registered users in India. Key mandates for SSMIs include:
- Traceability: Messaging services must assist law enforcement in identifying the originator of messages related to serious offences like threats to national security or sexual violence.
- Proactive Monitoring: They must deploy automated tools to proactively identify and limit the spread of certain categories of unlawful content.
- Local Presence: SSMIs must appoint key officers (Chief Compliance Officer, Nodal Contact Person, Resident Grievance Officer) based in India, publish regular compliance reports, and have a physical Indian address.
- User Rights: They are to offer voluntary user verification mechanisms and provide users with a fair internal appeals process before taking action against their content.
Consequences of Non-Compliance
The government has attached significant legal teeth to these rules. Failure by intermediaries to observe the obligations under the IT Rules, 2021 will lead to the loss of their crucial legal shield. They will forfeit the exemption from liability for third-party content that is provided under Section 79 of the IT Act. This exposes them to potential prosecution and legal action under other existing laws for any unlawful content hosted on their platforms.
Furthermore, all intermediaries are required to provide information and assistance to authorized government agencies for purposes of identity verification, prevention, detection, investigation, or prosecution of offences, including cybersecurity incidents.
This comprehensive framework marks a significant shift in India's digital governance, placing clear legal onus on online platforms to ensure a safer and more accountable cyberspace for Indian users.
