Accountability or Forced Governance?

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 Accountability or Forced Governance?

Centre issues new IT rules on Thursday (25-02-2021) with an expectation of curbing unethical digital media content.



The Union Government released new guidelines for social media, digital media, and OTT (over the top) platforms with an aim to regulate unsocial content by providing a grievance mechanism to its users. A welcome step in the era of the digital revolution where all the tech giants are engaged in filling their coffers without considering the public sentiments. This new world of the covid era saw a huge surge in the use of online media contents by the users and thus demanding more and more from media giants. With the rise in demand, many platforms tried to showcase their talent and technological skills and brought plenty of content to engage more and more users. They increased the frequency of their content and while doing this they may have ignored to check what is right and what is wrong. This ignorance came up with the recent controversies over ‘Tandav’, ‘AK & AK’ and many such. Also, we saw a case of double standard from twitter when it initially refused to ban the list of Twitter accounts that were found spreading anti-national content contrary to the immediate ban of Trump’s Twitter handle after the attack on Capitol Hill. Thus there was a great need for a regulatory mechanism for all these media giants who are having their greatest user base from India. Indian citizens are their potential customers and they must acknowledge this very basic fact to continue their business here. 


What are the new rules and how they benefit users?

The new rules will be called Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules 2021. These rules will be an add-on to the Information Technology act of 2000 and will supersede some parts of the Information Technology (Intermediary Guidelines) Rules, 2011. Previously the intermediaries were exempted from lawful action against them but now the new rules will include all the intermediaries and failing to act as per provisions would cease their platform. They will also be bestowed with a grievance redressal mechanism for their users. For this, they will have to appoint a grievance officer who will acknowledge the complaint within 24 hours, and resolve it within 15 days of receipt. The platforms will now be checked for 10 categories of content which include a threat to unity, integrity, defense, security or sovereignty of India, friendly relation with foreign states, public order, some related to objectionable sexual content and money laundering, etc. If the content found unlawful as per the categories, they will have to take down the same within 24 hours.

The social media companies will have to appoint a chief compliance officer who will seek compliance of content with the rules, a nodal officer who will work 24x7 in coordination with the law enforcement agencies. They will also have to track down the details of complaints received and resolved proactively. The rules also put forth the guidelines to track the first originator of the content.  

The new rules for OTT service providers prescribe self-classification of content into five categories based on age suitability. The categories include U (universal), U/A 7+, U/A 13+, U/A 16+, and A (adult).

What is challenging?

These new rules are challenging to the concept of end-to-end encryption. And this is where the privacy of the user is questioned. The very same thing was addressed very positively by the government when Whatsapp said that they will send the personal communication’ for the use of Facebook. But now the government wants to track the first originator so that it can prevent a further spread of public uproar. The question is why this authoritarian government has fear of mass protest. Maybe it is indicating a 'change of power'. Tracking the insightful content by the government can address the issue of unnecessary incitement, safeguarding the country's image against anti-national propaganda and overall it can enforce a sense of fundamental duties in its citizens. But this change in law should be followed in letter and spirit. Otherwise, a new authoritarian look can increase public anger and can question fundamental rights. Achieving fundamental duties by compromising fundamental rights is not acceptable in any way. 

A Way Forward

Although this is the only part of the whole question that needs to be addressed while considering digital media big techs, there is a long way to go in order to nullify the loopholes in the system. It becomes very crucial for social giants to act positively in a rising world of discomfort for their business. At the same time, it is the duty of the nation to maintain the concept of morality and ethics among its citizens. With the increasing focus on tax reforms, the Indian government like other European nations should also tighten its tax regime and should collect good revenue capital from these media giants. At the same time, these media giants must be transparent while disclosing their earnings. It is now time to act in a more responsible way and help the nation to prosper. 




                                                                                                                                                 ©TejasShirke
Location: Nagpur, Maharashtra, India

Comments

  1. UnknownFebruary 27, 2021 at 4:32 PM

    First of all the topic you chose is amazing u wrote it in a very logical manner ...keep this spirit 💫

    ReplyDelete

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