With IT Rules Amendment, Centre To Constitute Appellate Committee For Grievances Against Social Media Intermediaries

As per the amendment, Centre should notify a Grievance Appellate Committee to deal with appeals against decisions of Grievance Officers of social media intermediaries

In order to amend the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2021, the Ministry of Electronics and Information Technology (MeitY) had published the draft amendment rules, on 06.07.2022. The notification was put out in the public domain for stakeholder's feedback. MeitY had proposed the amendment citing 'certain infirmities and gaps existing in the current rule vis-a-vis Big Tech Platforms'. In the draft Rules aimed to ensure an 'Open, Safe & Trusted and Accountable Internet for all Indian Users and Digital Nagriks' the Centre had envisaged the creation of an appellate body, i.e., Grievance Appellate Committee. It allows users to file an appeal against the decision of the social media intermediaries before the said Committee. The incorporation of the Grievance Appellate Committee, run by bureaucrats, has drawn criticism from several quarters as the same gives the Government power to censor and thus, have control over online speech of the users.

It appears that even after receiving comments from the stakeholders, the 2022 Rules retain most of the proposed amendments. However, little modification has been made to the provision pertaining to the Grievance Appellate Committee (GAC). Instead of one, now the Central Government may by notification establish several GACs. As per the 2022 Rules, the GACs ought to be established within a period of three months. The composition of the GAC would be as under -

"Each Grievance Appellate Committee shall consist of a chairperson and two whole time members appointed by the Central Government, of which one shall be a member ex-officio and two shall be independent members."

In the event, social media intermediaries violate the intermediary guidelines, the users raise their grievance before the Grievance Officer of the said intermediaries. Now, users can challenge the decision of the Grievance Officer of the social media intermediaries regarding whether it would take down the concerned content or not before the GAC. The users have to prefer an appeal within 30 days from the date of receipt of the decision of the Grievance Officer. The GAC is expected to decide the appeal within a period of 30 days. While deciding the appeal the GAC has the authority to seek assistance from experts. The social media intermediary is to abide by the order of the GAC and in compliance should upload a report to that effect on its website. An online mode of dispute resolution by the GAC is also postulated in the 2022 Rules.

Apart from the establishment of GAC, the 2022 Rules also envisages that the intermediaries prominently publish on its website, mobile based application or both, as the case may be, the rules and regulations, privacy policy and user agreement in English or any language specified in the Eighth Schedule to the Constitution. They shall take adequate measures to inform their users the rules and regulations, privacy policy and user agreement. Intermediaries are also mandated to take all reasonable measures to ensure accessibility of its services to users along with reasonable expectations of due diligence, privacy and transparency.

The 2022 Rules categorically requires the intermediaries to respect all rights accorded to citizens under Article 14, 19 and 21 of the Constitution of India. The intermediaries are to acknowledge the complaint within 24 hours and resolve the same within a period of 15 days. However, the complaints in the nature of request for removal of information or communication link relating to obscene, pornograhic content; content harmful for child; misleading content; content impersonating another person; content threatening unity, integrity, security of India etc shall be resolved expeditiously and within a period of 24 hours of reporting. The Rules also state that appropriate safeguards can be developed by the intermediaries to avoid misuse by the users.