• India
  • Jun 21

India responds to UNHRC concerns over new IT rules

The Permanent Mission of India to the United Nations and other International Organisations in Geneva has responded to the concerns raised by the Special Procedures Branch of the United Nation Human Rights Council (UNHRC), regarding India’s Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

Stating that new IT rules are “designed to empower ordinary users of social media”, India rejected apprehensions raised by the UNHRC and said that new rules were finalised after broad consultations with various stakeholders.

What is the issue about?

• The communication from the UNHRC special branch follows a stand-off between the micro-blogging platform Twitter and the government on compliance with new intermediary guidelines and digital media ethics code notified by the government on February 25.

• On June 11, the special branch of UNHRC raised concern around number of provisions of the new IT rules alleging that they do not appear to meet the requirement of international law and standards related to the rights to privacy and to freedom of opinion and expression as protected by International Covenant on Civil and Political Rights, acceded to by India on April 10, 1979. 

• The UNHRC special branch had requested the government to undertake wide consultation with all stakeholders for the new rule.

How India responded to these concerns? 

• Responding to the apprehensions, the Indian government said “the rules are designed to empower ordinary users of social media. The victims of abuse at social media platforms shall have a forum for redressal of their grievances. The IT rules finalised after due discussion with various stakeholders”.

• The government said the enactment of new IT Rules had become necessary due to widespread concerns about issues relating to increased instances of abuse of social media and digital platforms, including inducement for recruitment of terrorists, circulation of obscene content, spread of disharmony, financial frauds, incitement of violence, public order, etc.

• The government said that the Supreme Court of India in two judgments had directed it to frame necessary guidelines to eliminate child pornography and related contents in online platforms and other applications and in the second case, the court had said that it was imperative to frame proper regime to find out the persons, institutions, and bodies who were the originators of such content messages. 

• Commenting on concerns around traceability of the first originator of the information, the government said that that the new IT rules seeks only limited information and only when a message already in public circulation is giving rise to violence, impinging on the unity and integrity of India, depicting a woman in a bad light, or sexual abuse of a child.

United Nations Human Rights Council 

• The Human Rights Council is an inter-governmental body within the United Nations system responsible for strengthening the promotion and protection of human rights around the globe and for addressing situations of human rights violations and making recommendations on them. 

• It has the ability to discuss all thematic human rights issues and situations that require its attention throughout the year. 

• The Council was created by the United Nations General Assembly on March 15, 2006. 

• It replaced the former United Nations Commission on Human Rights.

• It meets at the UN Office in Geneva.

• The Council is made up of 47 United Nations Member States which are elected by the UN General Assembly. 

The highlights of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 has 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.

• Due diligence to be followed by intermediaries: 

The rules prescribe due diligence that 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.

• Grievance redressal mechanism: 

The rules seek to empower the users by mandating the intermediaries, including social media intermediaries, to establish a grievance redressal mechanism for receiving resolving complaints from the users or victims. Intermediaries shall appoint a grievance officer to deal with such complaints and share the name and contact details of such officers.

Grievance officers shall acknowledge the complaint within 24 hours and resolve it within 15 days from its receipt.

• Ensuring online safety and dignity of users, especially women users:

Intermediaries shall remove or disable access within 24 hours of receipt of complaints of contents that expose the private areas of individuals, show individuals in full or partial nudity or in sexual acts or is in the nature of impersonation — including morphed images, etc. Such a complaint can be filed either by the individual or by any other person on his/her behalf.

• Two categories of social media intermediaries: 

The intermediaries will fall into two categories — social media intermediary and significant social media intermediary.  This distinction is based on the number of users on the social media platform, and the government will soon notify the threshold of the user base that will distinguish the two. 

The rules require the significant social media intermediaries to follow certain additional due diligence.

Additional due diligence to be followed by significant social media intermediary:

• Appoint a chief compliance officer who shall be responsible for ensuring compliance with the Act and Rules. Such a person should be a resident in India. 

• Appoint a nodal contact person for 24x7 coordination with law enforcement agencies. Such a person shall be a resident in India.

• Appoint a resident grievance officer who shall perform the functions mentioned under grievance redressal mechanism. Such a person shall be a resident in India.

• Publish a monthly compliance report mentioning the details of complaints received and action taken on the complaints as well as details of contents removed proactively by the significant social media intermediary.

• Significant social media intermediaries providing services primarily in the nature of messaging shall enable identification of the first originator of the information that is required only for the purposes of prevention, detection, investigation, prosecution or punishment of an offence related to sovereignty and integrity of India, the security of the State, friendly relations with foreign States, or public order or of incitement to an offence relating to the above or in relation with rape, sexually explicit material or child sexual abuse material punishable with imprisonment for a term of not less than five years. Intermediary shall not be required to disclose the contents of any message or any other information to the first originator.

• Significant social media intermediaries shall have a physical contact address in India published on its website or mobile app or both.

• Users who wish to verify their accounts voluntarily shall be provided an appropriate mechanism to verify their accounts and provided with demonstrable and visible marks of verification. 

• In cases where significant social media intermediaries remove or disable access to any information on their own accord, then a prior intimation for the same shall be communicated to the user who has shared that information with a notice explaining the grounds and reasons for such action. Users must be provided an adequate and reasonable opportunity to dispute the action taken by the intermediary. 

• An intermediary upon receiving actual knowledge in the form of an order by a court or being notified by the appropriate government or its agencies through authorised officer should not host or publish any information which is prohibited under any law in relation to the interest of the sovereignty and integrity of India, public order, friendly relations with foreign countries, etc.

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Notes
International Covenant on Civil and Political Rights, The International Covenant on Civil and Political Rights (ICCPR) was adopted and opened for signature, ratification and accession by General Assembly resolution on December 16, 1966 and entered into force on March 23, 1976.