A Wolf in Watchdog’s Clothing

Context: The Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021, has a lot of significance but is not fool-proof.

Significance of new rules to regulate digital media: having a “Soft-touch oversight mechanism.”

• “Progressive” and “liberal”: As it seeks to address people’s varied concerns while removing any misapprehension about curbing creativity and freedom of speech and expression. 
• Redress user grievances: Through a Three-tier regulatory mechanism:
  • First, the grievance is dealt by the digital platform’s grievance officer.
  • 1st appeal goes to the “self-regulating” body of publishers.
  • Final appeal goes to the government’s Oversight Mechanism.
• Adherence to a Code of Ethics: like ‘Norms of Journalistic Conduct’, by the Press Council of India.
• Help to identify problematic online content: As the rules mandate, social media platforms to enable the identification of the first originator of the information on its computer resource.
  • This will help to eliminate child pornography, rape and gangrape imageries etc.

Shortcomings of the new rules to regulate digital media

• Opens up a floodgates for interventions: The Three-tier regulatory mechanism for redressing complaints as any person can force a digital platform to take up any issue.
  • Enormous potential for misuse: As many digital publishers are small and thus are prone to interventions.
• Lack of legislative actions for regulation: Information Technology Act, 2000, has been expanded to bring digital news media under its regulatory ambit without legislative action.
• Increased the compliance burden for social media platforms:
  • Multiple personnel have to be appointed: E.g.
    • Chief Compliance Officers, to ensure the rules and the laws are adhered to,
    • A Nodal Officer, with whom the law enforcement agencies will be coordinating, and
    • A Grievance Officer.
  • Information sharing: the rules require messaging apps such as WhatsApp and Signal to trace problematic messages to the originator. (while the messages are encrypted end to end)
    • It could prove counterproductive in India, which still do not have a data privacy law.