The Centre notified new, stricter guidelines for social media intermediaries that will make it mandatory for platforms such as WhatsApp to aid in identifying the “originator” of “unlawful” messages.
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The Rules have been framed in exercise of powers under section 87 (2) of the Information Technology Act, 2000 and in supersession of the earlier Information Technology (Intermediary Guidelines) Rules 2011.
Part- II of these Rules shall be administered by Ministry of Electronics and IT, while Part-III relating to Code of Ethics and procedure and safeguards in relation to digital media shall be administered by the Ministry of Information and Broadcasting.
Due diligence must be followed by intermediaries, including social media intermediaries. In case, due diligence is not followed by the intermediary, safe harbour provisions will not apply to them.
The Rules make a distinction between social media intermediaries and significant social media intermediaries to encourage innovations and enable growth of new social media intermediaries without subjecting smaller platforms to significant compliance requirement,
Significant Social Media Intermediary should appoint a Chief Compliance Officer, Nodal Contact Person and Resident Grievance Officer who shall be a resident in India.
Code of Ethics for online news, OTT platforms and digital media: This Code of Ethics prescribe the guidelines to be followed by OTT platforms and online news and digital media entities.
