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New Rules to Make Social Media and OTT Platforms Accountable: A Dire Necessity
1. Background & Rationale
The explosion of social media platforms (like Facebook, Twitter, Instagram) and OTT (Over-The-Top) platforms (like Netflix, Amazon Prime, Hotstar) has transformed how content is consumed and disseminated.
With this surge, concerns have grown over:
Spread of misinformation, fake news, hate speech, and communal violence.
Objectionable content including explicit material, hate speech, or content affecting public order.
Lack of accountability for content that harms societal harmony, individual dignity, or national security.
The government of India, recognizing these challenges, introduced Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“New IT Rules”) to:
Ensure greater accountability and transparency of intermediaries.
Protect users’ rights and ensure redressal mechanisms.
Promote responsible digital content management.
2. Key Features of the New Rules
Due Diligence by Intermediaries:
Social media platforms must appoint grievance officers and address complaints within stipulated time.
Platforms with over 5 million users must publish monthly compliance reports.
Identification of First Originator:
In serious cases involving misinformation, platforms may be required to identify the first originator of a message to assist law enforcement.
Code of Ethics for OTT and Digital News Platforms:
A three-tier grievance redressal mechanism.
Content classification into age-appropriate categories.
Self-regulation under oversight of the Ministry of Information & Broadcasting.
Removal of Objectionable Content:
Platforms must remove unlawful content within 36 hours of receiving a complaint.
3. Why Are These Rules a Dire Necessity?
Unchecked Content Leads to Real-World Harm:
Numerous instances of communal riots, violence, and public disorder have been linked to social media misinformation.
Protection of Fundamental Rights:
Right to freedom of speech under Article 19(1)(a) is subject to reasonable restrictions in the interest of public order, morality, and sovereignty (Article 19(2)).
Preventing Abuse & Ensuring Accountability:
Without clear guidelines, intermediaries often claim “safe harbour” protections under Section 79 of the IT Act, avoiding responsibility.
Digital Era Calls for New Norms:
Traditional laws and courts have struggled to keep pace with the rapid digital expansion.
The rules create a legal framework to balance freedom of expression with public interest and safety.
4. Relevant Case Law Supporting Regulation
✅ Shreya Singhal v. Union of India (2015) 5 SCC 1
The Supreme Court struck down Section 66A of the IT Act (which penalized offensive online speech) for being vague and unconstitutional.
However, the Court upheld reasonable restrictions on freedom of speech under Article 19(2).
It emphasized that intermediaries are protected only if they follow due diligence and remove unlawful content upon receiving complaints.
✅ Anuradha Bhasin v. Union of India (2020) 3 SCC 637
Recognized the importance of digital platforms for freedom of expression.
Also acknowledged the need for regulation to balance this freedom with national security and public order.
✅ Internet and Mobile Association of India v. RBI (2020) 1 SCC 1
Affirmed the regulatory power of the State over digital platforms to ensure lawful conduct.
5. Judicial Principles Underpinning Regulation
| Principle | Explanation |
|---|---|
| Freedom with Responsibility | Freedom of speech is not absolute; must consider public order. |
| Reasonable Restrictions | Lawful limitations on speech content are valid to protect others’ rights. |
| Intermediary Liability | Platforms must act responsibly to prevent abuse and unlawful content. |
| Right to Privacy & Dignity | Content violating privacy or dignity can be restricted. |
6. Criticism & Balance
Critics argue that these rules may lead to over-censorship or chilling effect on free speech.
Proponents stress the need to protect vulnerable sections, maintain social harmony, and ensure platform accountability.
The rules emphasize self-regulation coupled with government oversight, aiming for a balanced approach.
Summary:
| Aspect | Explanation |
|---|---|
| Need for Regulation | Rapid spread of harmful content and misinformation necessitate rules. |
| Legal Backing | Freedom of speech under Article 19(1)(a) subject to reasonable restrictions under Article 19(2). |
| New IT Rules 2021 | Introduce accountability, grievance redressal, and content oversight. |
| Judicial Support | Supreme Court’s recognition of reasonable restrictions and intermediary responsibility. |
| Goal | Balance freedom of expression with public order, dignity, and safety. |
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