This will ensure independent functioning of the forum, which aims to provide users a primary option to “appeal against the grievance redressal process of social media companies” before approaching any court, the person said. Noting also that it is unlikely for any “any executives from social media intermediaries or internet companies” to be included “on the board of the appellate body.”
Following industry wide consultations held over the previous weeks, the ministry of Electronics & Information Technology (Meity) is now drawing up the final amendments to the IT Rules that are due to be finalised “over the next fortnight,” according to the official who spoke on the condition of anonymity.
“We don’t want to direct Twitter or Facebook. ( User grievances) should be addressed by the redressal forum or the reporting mechanism ( set up by ) big tech platforms,” the official said.
However, if any fundamental right “is violated because of the power of the platform, then there should be a rule or an action on the part of the government that protects the citizen,” he stated while holding that government-appointed members will be there only to “coordinate” with the industry.
In recent weeks, several influential industry lobbies including the US-India Business Council (USIBC), and US-India Strategic Partnership Forum (USISPF), which count firms like Facebook and Twitter as their members, have written to Meity questioning the independence of a forum constituted by the government.
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Big Tech pushback
Both USIBC and USISPF have noted their criticism of the proposed regulations in petitions to the government. “Fundamental rights are not enforceable against private companies … The rule appears to be broad, and will be difficult to demonstrate compliance,” USIBC said in its note, wire agency Reuters reported on Wednesday.
On its part, the government contends that social media companies don’t act swiftly enough on user complaints that cause them “harm.” Further, approaching the Court is a time and cost intensive option for users with the situation being particularly severe in India, which is one of the world’s largest Internet user markets with over 700 million subscribers.
Officials said that, however, the government has agreed to meet the industry halfway and will take several of their suggestions into account while finalising the Rules.
Several changes mooted
One of the major changes to the Rules being considered is removing the proposal requiring social media intermediaries to act on content which is ‘defamatory’ in nature or is critical of any user of the platform. This has been done to weed out frivolous complaints after consultations with industry experts, lawyers and the companies themselves, officials noted .
“The due diligence has to be tightened by the intermediaries themselves,” they added.
Equally, there will be a concrete definition of misinformation and disinformation for social media intermediaries.
“If a user points out and proves that a piece of content is wilful disinformation and the intermediary does not act upon it, then ( the social media company) lose protection granted and leaves it open to any lawsuit, which may or may not be brought by the user,” said the official cited above.
“Companies can no longer hide behind the “safe harbour” protection given to them under the IT Act,” he added.
Last month, the IT ministry had completed public consultations with industry experts, lawyers and representatives of social media intermediaries on proposed changes to the IT Rules of 2021 which were released on June 6. It had asked all stakeholders to submit comments on amendments by July 6.
Senior officials said the IT ministry has received close to 100 suggestions, some of which it is studying in more detail with the help of external subject matter and legal experts.
Other changes proposed include compressing the time given to social media intermediaries to respond to user grievances from 96 hours to 72 hours.
The draft has also suggested that more onus be placed on the intermediaries for content moderation on their platform, apart from setting up of an appellate tribunal. The draft had also said that “all online intermediaries providing services in India shall never contravene the Indian constitution, Laws and Rules, and follow them in letter and spirit”.
Minister of State for Information Technology Rajeev Chandrasekhar, who had presided over the open house consultation held on June 23, had then said that the government’s perspective, with respect to the changes in IT Rules of 2021 was to ensure four basic principles of openness of the internet, safety and trust online, accountability from social media intermediaries and complete compliance to the Indian Constitution and legal provisions.
