IT Rules amendment: Government threatens punitive provisions if intermediaries don't comply with GAC decisions

Union Minister Rajeev Chandrasekhar.

The government is open to modifying the IT Rules yet again to include punitive provisions if social media intermediaries do not comply with the decisions of its appellate panels.

"In our consultations, we have considered the question of punitive provisions, but we have steered clear of it this time. That doesn't mean the thought has not crossed our mind," said Union Minister Rajeev Chandrasekhar in a press briefing on October 29.

"Our approach towards jurisprudence and laws is evolving. We would like to work as partners. If it needs further modification, we will not hesitate to do that," he added.

On October 28, the government notified an amendment to the Information Technology Rules, 2021, which allowed it to appoint grievance appellate committees (GACs) that will hear appeals against the content moderation decisions of social media and other intermediaries.

Structure of GACs

Although the notification says the GACs will have three members (one government official and two independent members), it does not clearly specify details of their appointment and operations.

Chandrashekhar said the government would soon come out with a comprehensive structure for GACs.

As the rules apply to various types of online intermediaries like social media platforms, e-commerce, fintech platforms, etc., the government might appoint separate GACs for different types of appeals.

According to the notified rules, any user aggrieved by a decision of an intermediary's own grievance officer can appeal to the GAC within 30 days.

The GACs shall try to resolve the issue within 30 days, and may also seek assistance from experts. The panels will adopt an online dispute resolution mechanism so that the entire appeal process, from filing of appeal to the decision thereof, is conducted digitally.

The modified law also says that intermediaries have to upload a report after they comply with a GAC order, which is mandatory.

In June, when the draft amendments were first proposed and thrown open to the public for consultation, the ministry had justified its introduction as it had observed ‘many instances’ where grievance officers of intermediaries did not address grievances satisfactorily.