The new rules for social media, OTT platforms, digital news media.

Observing the new rules that the center has introduced for intermediaries, saying this to control misuse of social media and covered OTT platforms. The idea of experiencing the internet will change fundamentally under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code.) Rules, 2021 (the "Intermediary Rules.") While all the rules have been framed and notified under the existing Information Technology (IT) Act, the administrative powers for regulation of OTT and digital news sharing platforms shall be under the Ministry of Information and Broadcasting (I&B). The new rules were disclosed at a joint press conference by Information Technology Minister Ravi Shankar Prasad and Information Broadcasting Minister Prakash Javdekar. The suggested new rules will cover social media companies such as Facebook, Twitter, What's app etc, OTT Platforms such as Netflix, Amazon Prime, Hotstar etc, and all the digital news publishers. The 29 pages of new rules are neither under parliament scrutiny nor are they statutory but they will still provide broad powers to the government for the regulating and censoring social media, online news media and OTT platforms. The new rules empowers the Information & Broadcasting secretary to directly block the content for public access for specific content in case of an emergency. As per new rules social media intermediaries will have to up their due diligence standards. Every company's privacy policy, agreements will have to inform their users to not upload, publish, share information that is defamatory, obscene, patently false or misleading, etc. They will have to appoint a grievance redressal officer and disclose their name and contact details on their website. Grievance officers must acknowledge the complaint within twenty four hours and resolve it within fifteen days from its receipt. The rules also specify that identification of the first originator of the information(only for the purposes of prevention, detection, investigation, prosecution or punishment of an offence related to sovereignty and integrity of India, the security of the state, friendly relations with foreign states, or public order.) OTT platforms will have to classify content into five age based categories: U(universal), U/A 7+(years), U/A 13+(years), U/A 16+ and A. Digital news media must follow Press Council of India, Cable TV Network (Regulation) Act norms, similar to their print and TV peers. According to some experts regulation of OTT and news media platforms through proxy is grossly unconstitutional. The government has conveyed it is a move to fight against fake news. While some experts have raised concerns about encryption if companies like whats app, signal, etc will need to follow them. Without data protection law, social media companies collect data of our government IDs without any regulatory body. (The new rules indicates, the social media intermediary will not be required to unveil the contents of any electronic message, any other information related to the first originator, or any information related to its other users. However, 69A of the IT Decryption Rules contain powers to make demands for the message content. The new rule clarifies that discloses of content may only be passed for serious offences, some categories are open ended. For instance, "public order" grounds are quite broad in functioning and open for many demands.) "Due to excessive vagueness in the rules, there is a possibly of over compliances by social media companies to escape liability. The collateral damage here is citizen free speech and privacy which will be unconstitutionally hampered as a result. " Internet Freedom Foundation has tweeted. They also added "there are better ways to tackle such content than sliding down the slope of automated censorship and surveillance culture. " Submitted by: Dipankar Das Department of communication and journalism, Gauhati University