Provision of interim blocking directions not new: Centre dispels doubts on OTT guidelines

The Ministry of Information and Broadcasting on Saturday addressed the 'misgivings' following the release of its new guidelines to regulate OTT platforms and social media, sharing that the interim blocking directions, as stated under Rule 16 were not new, and had been in existence for the past 11 years. The Ministry's clarifications come in response to certain reports over the new OTT guidelines which had claimed that the Centre was attempting to tighten the noose around free speech through 'blocking' content. 

"The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 provide an institutional framework for news publishers and OTT platforms on the digital media ecosystem. Certain misgivings are being raised regarding Rule 16 under Part III of the rules, which mention that in a case of emergency nature, interim blocking directions may be issued by the Secretary, Ministry of Information and Broadcasting," the Ministry said in the statement. 

Provision under existence for 11 years 

Apprising that interim blocking directions were in existence 2009 under the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, Centre stated, "It is to inform that this provision is exactly the same as being exercised by the Secretary, Ministry of Electronics and Information Technology since the past eleven years under the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009." Moreover, it added that this was only done in case of emergencies. 

"Since Part III of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 would be administered by the Ministry of Information & Broadcasting, that is why the reference to Secretary MeITY has been replaced by Secretary, Ministry of Information & Broadcasting. There is no new provision which has been made," it added.

Read: Ekta Kapoor Welcomes Centre's OTT Guidelines, Onir Calls It 'death Of Good Content'

Read: CBFC Chief Prasoon Joshi Welcomes Centre's Guidelines For OTT Platforms And Social Media

Centre's new guidelines to regulate OTT platforms & social media

While addressing a press conference yesterday, the Centre released The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Under this, the government has decided to develop a three-tier mechanism for the regulation of OTT platforms. These include—Information, Self-regulation, and Oversight.  

Information and Broadcasting Minister Prakash Javadekar while laying down the guidelines said, "The way print media has press council, Films had censor board, TV channels there is program code, OTT platforms had no such arrangement to regulate the content."

With the new rules in place, social media platforms on being asked either by Court or Government authority will be required to disclose the first originator of a mischievous tweet or message. This could be in relation to the sovereignty of India, the security of the state, relations with foreign states, rape, etc.

Moreover, social media platforms and OTT players would be bound to remove any content flagged by authorities within 36 hours and then set up a complaint redressal mechanism with an officer being based in the country to address the matter. 

Read: Union Min Prasad Talks OTT, Social Media Guidelines; Affirms Commitment To Free Speech

Read: Centre Issues Guidelines For Social Media & OTT Platforms: Here's Why It Was Required