New rules to regulate social media and OTT platforms

INDIA announced new rules last Thursday (25) to regulate content on social media, making Facebook, WhatsApp and others more accountable to legal requests for swift removal of posts and sharing details on the originators of messages.

The rules – part of an effort by prime minister Narendra Modi’s government to tighten the leash on Big Tech – come after Twitter recently ignored government orders to drop content related to farmers’ protests. India is the largest market by users for both Facebook and its messenger service WhatsApp.

The new rules issued by the government, called the Intermediary Guidelines and Digital Media Ethics Code, will be legally enforceable.

They will require big social media companies to set up a grievance redressal mechanism and within three months appoint new executives to coordinate with law enforcement.

Social media firms should be “more responsible and accountable,” Ravi Shankar Prasad, the minister for information technology, told reporters in outlining the rules. Big social media firms will be obliged to remove content within 36 hours of receiving a legal order, according to the rules. The government also said companies need to assist in probes or other cyber security-related incidents within 72 hours of receiving a request.

They must also disable within a day any post depicting an individual in a sexual act or conduct, said the rules.

IT minister Prasad also told reporters the rules would oblige the companies to reveal the originator of a message or post when legally ordered.

Facebook said it welcomed rules that prescribe ways to address challenges on the web. “The details of rules like these matter and we will carefully study the new rules,” it said in a statement. Facebook-owned WhatsApp declined to comment.

A Twitter spokesman said the company would study the guidelines and looked forward to continued engagement with the Indian government.

“We believe that regulation is beneficial when it safeguards citizen’s fundamental rights and reinforces online freedoms,” he said in a statement.

India’s rules will also require videostreaming platforms like Netflix and Amazon’s Prime Video to classify content into five categories based on users’ age, the government said.