Draft govt policy seeks 3-tier checks for OTTS

NEW DELHI: Social media companies may need to appoint officers who will be responsible for complying with content moderation orders, and both they and streaming service providers will be brought under a three-tier regulatory framework, according to proposed new rules that will cover media companies such as Facebook and so-called over the top (OTT) platforms such as Netflix. In addition, shows on these platforms will have to carry ratings such as U (universal) or A (adult) — something they are not required to do currently.

In a document running into 30 pages, reviewed by Hindustan Times, the central government has laid down the rules and the framework for regulating both sets of companies, which remain largely unregulated, although some provisions of the Information Technology Act apply to them. The rules, in the process of being finalised, will also apply to digital news media.

Countries, including India, have felt the need to regulate social media companies, which, under current rules, are not responsible for content, unlike traditional media firms; there have also been demands to regulate content on OTT platforms, with some shows on these running into trouble for offending religious sentiments.

In the document, titled Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021, the government cites powers provided to it under section 87 of the Information Technology Act, 2000. This section allows the government to make rules to carry out the provisions of the law by notification in the Official Gazette and in the Electronic Gazette. The guidelines define social media companies, suggest a three-tier mechanism for regulation of all online media, define the process for tracing the first originator, and confer blocking powers to an inter-ministerial committee that forms the third tier and which will be headed by a joint secretary level officer from the ministry of information and broadcasting.

In effect, in addition to the IT ministry, this committee can also recommend blocks or take downs. “Having two (separate) authorities to regulate and having powers to block are unlikely to bring them in conflict with each other,” Rahul Matthan, a partner at the law firm Trilegal, said.