Published 15:21 IST, February 25th 2021
India's Social Media Guidelines Out; Grievance redressal, due diligence & more in 3 months
The Centre on Thursday released social media and intermediary guidelines, which will be applicable to firms like Facebook, Google, Whatsapp, Twitter and others.
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Centre on Thursday released social media and intermediary guidelines, which will be applicable to firms like Facebook, Google, Whatsapp, Twitter and ors. Union Minister Ravi Shankar Prasad while anuncing guidelines said he was "laying down ground rules very clearly" and clarified that social media is welcome to do business in India.
"y have done exceedingly well, y have got good business, y have got a good number of users and y have also empowered ordinary Indians. We praise that," Electronics & Information Techlogy Minister said, listing number of users each of platforms have in India - each amounting to a massive number.
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- WhatsApp users: 53 Crore
- YouTube users: 44.8 Crore
- Facebook users: 41 Crore
- Instagram users: 21 Crore
- Twitter users: 1.75 Crore
" government welcomes criticism and right to dissent. Let me make it very clear. Social media has been used to ask questions too, but it is very important that users of social media must be given forum to raise ir grievance and resolution against use, misuse and abuse of social media," he said. "We are empowering ordinary users of social media in this process," he added.
Ravi Shankar Prasad said that concerns have been raised over years about rampant abuse of social media. He said Ministry had widespread consultations and a draft was prepared in December 2018. " law we have made for significant social media will be enforced within three months so that y can improve ir mechanism and rest will come into effect since day rules are tified," he said.
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Salient features of social media guidelines anunced by Ravi Shankar Prasad:
- re will be 2 categories depending on usership, numbers for which government will prescribe -- One is intermediary which can be social media intermediary and second will be a significant social media intermediary. re are additional obligations on social media intermediaries.
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'We shall tify users' number for a significant social media intermediary very soon. y will have to have a grievance redressal mechanism, you will also have to name a grievance officer who shall register grievance within 24 hours and disposal in 15 days.'
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'If re are complaints against dignity of users, particularly women that exposes private parts of individuals or nudity or sexual act or impersonation etc - you'll be required to remove that within 24 hours after a complaint made. This is designed to respect dignity of women.
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Significant social media will have to do three things: 1. A chief compliance officer- resident in India responsible for ensuring compliance of Acts. 2. A dal contact person-resident in India for coordination with law enforcement ncies, 3. A resident grievance officer for grievance redressal.
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Social media platforms upon being asked eir by a court order or a government authority will be required to disclose first originator of mischievous tweet or mess as case may be.
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This should be only in relation to sovereignty and integrity of India, security of state, public order, relations with foreign states, or rape, sexually explicit content etc.
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PIB publishes full guidelines for social media:
- Due Diligence To Be Followed By Intermediaries: Rules prescribe due diligence that must be followed by intermediaries, including social media intermediaries. In case, due diligence is t followed by intermediary, safe harbour provisions will t apply to m.
- Grievance Redressal Mechanism: Rules seek to empower users by mandating intermediaries, including social media intermediaries, to establish a grievance redressal mechanism for receiving resolving complaints from users or victims. Intermediaries shall appoint a Grievance Officer to deal with such complaints andshare name and contact details of such officer. Grievance Officer shall ackwledge complaint within twenty four hours and resolve it within fifteen days from its receipt.
- Ensuring Online Safety and Dignity of Users, Specially Women Users: Intermediaries shall remove or disable access withing 24 hours of receipt of complaints of contents that exposes private areas of individuals, show such individuals in full or partial nudity or in sexual act or is in nature of impersonation including morphed ims etc. Such a complaint can be filed eir by individual or by any or person on his/her behalf.
- Two Categories of Social Media Intermediaries: To encour invations and enable growth of new social media intermediaries without subjecting smaller platforms to significant compliance requirement, Rules make a distinction between social media intermediaries and significant social media intermediaries. This distinction is based on number of users on social media platform. Government is empowered to tify threshold of user base that will distinguish between social media intermediaries and significant social media intermediaries. Rules require significant social media intermediaries to follow certain additional due diligence.
- Additional Due Diligence to Be Followed by Significant Social Media Intermediary:
- Appoint a Chief Compliance Officer who shall be responsible for ensuring compliance with Act and Rules. Such a person should be a resident in India.
- Appoint a dal Contact Person for 24x7 coordination with law enforcement ncies. Such a person shall be a resident in India.
- Appoint a Resident Grievance Officer who shall perform functions mentioned under Grievance Redressal Mechanism. Such a person shall be a resident in India.
- Publish a monthly compliance report mentioning details of complaints received and action taken on complaints as well as details of contents removed proactively by significant social media intermediary.
- Significant social media intermediaries providing services primarily in nature of messaging shall enable identification of first originator of information that is required only for purposes of prevention, detection, investigation, prosecution or punishment of an offence related to sovereignty and integrity of India, security of State, friendly relations with foreign States, or public order or of incitement to an offence relating to above or in relation with rape, sexually explicit material or child sexual abuse material punishable with imprisonment for a term of t less than five years. Intermediary shall t be required to disclose contents of any mess or any or information to first originator.
- Significant social media intermediary shall have a physical contact address in India published on its website or mobile app or both.
- Voluntary User Verification Mechanism: Users who wish to verify ir accounts voluntarily shall be provided an appropriate mechanism to verify ir accounts and provided with demonstrable and visible mark of verification.
- Giving Users An Opportunity to Be Heard: In cases where significant social media intermediaries removes or disables access to any information on ir own accord, n a prior intimation for same shall be communicated to user who has shared that information with a tice explaining grounds and reasons for such action. Users must be provided an adequate and reasonable opportunity to dispute action taken by intermediary.
- Removal of Unlawful Information:An intermediary upon receiving actual kwledge in form of an order by a court or being tified by Appropriate Govt. or its ncies through authorized officer should t host or publish any information which is prohibited under any law in relation to interest of sovereignty and integrity of India, public order, friendly relations with foreign countries etc.
- Rules will come in effect from date of ir publication in gazette, except for additional due diligence for significant social media intermediaries, which shall come in effect 3 months after publication of se Rules.
15:21 IST, February 25th 2021