The Ministry of Electronics and Information Technology (MeitY) has published a fresh draft of the amendment to the Information Technology Rules 2021, which proposes establishment of a committee that can veto decisions made by grievance officers of intermediaries including that of blocking or removal of any user or user account on social media platforms.
Last week, MeitY published the draft on its website, then removed it after a few hours.
Reasoning the need for amendments to the IT Rules 2021, MeitY in a press release said that the amendments will ensure that “Constitutional rights of Indian citizens are not contravened by any Big Tech platform by ensuring new accountability standards for SSMIs.” Additionally, MeitY also said that the amendments will ensure “actual enforcement of requirements in IT rules 2021 in letter and spirit”.
The ministry also claimed that the rules will not “impact early stage or growth stage Indian companies or startups”.
https://twitter.com/Rajeev_GoI/status/1533839727581089793
As a whole, the draft amendment, firstly, bring in additional rules that require intermediaries to respect “rights guaranteed to users under the Constitution of India”.
“This has been made necessary because a number of Intermediaries have acted in violation of constitutional rights of Indian citizens and keeping in mind that Government is the guarantor of such rights of all our citizens,” the MeitY said in a release.
Second, it brings in a new Grievance Appellate Committee that gives users an additional mechanism to appeal decisions made by grievance officers of intermediaries.
Reasoning the need for the same, MeitY said, “ There have been many instances that grievance officers of intermediaries either do not address the grievances satisfactorily and/or fairly. In such a scenario, the need for an appellate forum has been proposed to protect the rights and interests of users.”
Third, it has proposed a change in the grievance redressal mechanism. The proposed change will require intermediaries to address any complaint regarding removal of content from a platform within 72 hours “because of the very nature of cyberspace providing instant communication, outreach and virality”, MeitY said.
The ministry informed users that the draft amendment is being offered for public consultation and comments from all stakeholders for the next 30 days. It will also hold a formal public consultation meeting by mid-June.
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