Social media, OTT under strict rules as govt enforces accountability to curb obscene, unlawful content: Key points
The government said its policies aim to ensure an open, safe, trusted and accountable internet, especially for women and children.
The Central government has enforced strict rules to enforce accountability on social media and OTT platforms and deal with unlawful and obscene content online. The IT Act and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021) provides punishment for various cyber offences such as privacy violations (section 66E), publishing or transmitting obscene or sexually explicit content (sections 67, 67A, 67B), and also empowers police to investigate offences (section 78), enter public place, search and arrest suspected person under section 80.
The government said its policies aim to ensure an open, safe, trusted and accountable internet, especially for women and children.
“The policies of the Government are aimed at ensuring an Open, Safe and Trusted and Accountable Internet for its users, including women and children. The Government is committed to ensure that the Internet in India is free from any form of unlawful content or information, particularly vulgar and obscene content,” the Ministry of Information & Broadcasting said in a press release.
It added, “The IT Act and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021), together, have put in place a stringent framework to deal with unlawful and harmful content in the digital space.”
It imposes clear obligations on intermediaries to ensure accountability.
Key provisions under IT Rules, 2021:
| Provision | Details |
|---|---|
| Restricted information under Rule 3(1)(b) | It restricts hosting, storing, transmitting, displaying or publishing information/content that, among other things, is:
|
| User Awareness Obligations | Intermediaries must clearly inform users through terms of service and user agreements about the consequences of sharing unlawful content, including content removal, account suspension, or termination. |
| Accountability in Content Removal | Intermediaries must act expeditiously to remove unlawful content upon court orders, reasoned intimation from Government, or user grievances, within prescribed timelines. |
| Grievance Redressal |
|
| Grievance Appellate Committees (GACs) Mechanism | Users can appeal online at www.gac.gov.in if their complaints are not addressed by the intermediaries’ Grievance Officers. GACs ensure accountability and transparency of content moderation decisions. |
| Assistance by Intermediaries to Government Agencies | Intermediaries must provide information under their control or assistance to authorised Government agencies for identity verification, or for the prevention, detection, investigation, or prosecution of offences, including cyber security incidents. |
| Additional Obligations of significant social media intermediaries (SSMIs) (i.e., social media intermediaries having 50 lakhs or above registered user base in India) |
|
It said, “in case of failure of the intermediaries to observe the legal obligations as provided in the IT Rules, 2021, they lose their exemption from third party information provided under section 79 of the IT Act. They are liable for consequential action or prosecution as provided under any extant law.”
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