3 tier regulation for OTT, social media say new draft rules

New Delhi, Feb 25: A new set of rules to regulate both the social media and OTT platforms has been drafted by the government.

The Centre had earlier this month informed Parliament that the IT Rules are being amended to make social media platforms more responsive and accountable to Indian laws.

The draft report titled Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules 2021 suggests a three tier mechanism for regulation of all online media. It also defines the process for tracing the first originator and confer blocking powers to an inter-ministerial committee.

The first tier of the regulatory mechanism is grievance redressal by the company itself. The second level includes the Press Council of India like regulatory body that will be headed by a retired judge of a High Court or the Supreme Court.

The inter-ministerial committee will have representatives from the ministries of IT, Information and Broadcasting, Home, Law, External Affairs, Defence and Women and Child Development.

The draft rules according to a report in the Hindustan Times would require social media platforms to appoint a chief compliance officer, who would be responsible for issues of compliance and will be held liable if the intermediary fails to observe due diligence while discharging its duties.

Further the rules also ask the social media intermediaries to enable the idenfication of the first originator in a bid to tackle fake news.