Regulation of Social Media in India: New Guidelines and Ethical Codes

The Indian government has recently released new guidelines and ethical codes to regulate social media platforms and digital media. These changes, known as the 'Information Technology Guidelines for Intermediaries and Digital Media Ethics Code Rules 2021,' are expected to significantly impact social media operations in India.

Overview of New Social Media Guidelines

The new rules will supersede some parts of the 2011 Information Technology Intermediary Guidelines and aim to provide greater oversight of social media and digital media platforms. The key changes include:

Timely removal of unlawful content on social media platforms. Classification of sexual content and a 24-hour removal mandate for offending content. Identification of the 'first originator' of information, particularly for messaging services like WhatsApp. Appointment of a Chief Compliance Officer, a nodal person, and a grievance officer by significant social media intermediaries.

Tracking First Originator and Potential Encryption Concerns

A significant change is the requirement for 'significant social media intermediaries' to enable the identification of the 'first originator' of information. This is intended to help prevent and investigate activities like spreading fake news, but privacy experts fear it might require breaking end-to-end encryption, potentially leading to a surveillance state.

The government states the information needs to be identified for offenses related to public order, national security, rape, sexually explicit material, and child abuse material punishable with a term of not less than five years.

Digital Media Ethical Codes

Alongside the social media guidelines, the government has introduced a 'Code of Ethics and Procedure and Safeguards about Digital/Online Media.' This code applies to digital news publishers, OTT platforms, and other online media entities. It mandates adherence to norms of journalistic conduct and the program code under the Cable Television Networks Regulation Act.

The code also provides a three-tier grievance redressal system, starting with self-regulation by the entities, followed by self-regulatory bodies, and finally oversight by the central government.

Criticism and Concerns

The new rules have sparked criticism from media freedom advocates who argue that they exceed appropriate restrictions on the press. They contend that the government is infringing on digital publishers' freedom of speech, potentially violating the Indian Constitution. For example, Siddharth Varadarajan, the founding editor of The Wire, argues that the rules are unconstitutional and an overreach of power.

He stresses that existing laws already define reasonable restrictions on press freedom, and the media should not be compelled to address grievances that extend beyond these bounds. Critics worry that the inter-ministerial committee's role in judging media responses may undermine the freedom of the press in India.

Conclusion

The Indian government's new guidelines and ethical codes are aiming to provide greater accountability and regulation in the social media and digital media sectors. While these measures are intended to address issues like misinformation and harmful content, they also raise significant concerns about privacy, free speech, and the role of the government in media oversight. Only time will tell whether these new rules will lead to a more transparent and ethical digital media space in India or result in unintended consequences for freedom of expression.