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<ul><li>In addition to governing OTT and social media platforms, the government has also put out new rules for digital news companies.</li><li>Digital news can be anything from press conferences to analysis pieces regardless of whether they’re socio-political, economic or cultural in nature.</li><li>Digital news organisations are facing a 30-day deadline to register themselves with the Ministry of Information and Broadcasting (MIB).</li></ul>The Indian government has come up with a new set of rules and regulations to regulate social media platforms, messaging services, OTT platforms and news portals. <div type="Article" hostid="261" msid="81208643" title="Facebook and Twitter have a ton of new rules to abide by in India ⁠— WhatsApp may find itself in the toughest spot of all" mstype="2" mssubtype="0"></div> News content in print and television media is regulated by laws specific to each medium, and no such laws were applicable to digital news till now. Digital news portals have now been brought under the ambit of the rules governing print and television media. A wide net for what can be considered to be news In a move to level the playing field vis-à-vis print and television media, the Rules now require digital news portals to comply with norms of the Press Council of India, and the Programme Code under Cable Television Networks Regulation Act, 1995. The term ‘news and current affairs’ was not previously defined under any legislation and created ambiguity. The Rules define ‘news and current affairs’ in a wide manner and may bring within its purview content which is not traditionally considered news. “‘News and current affairs content’ includes newly received or noteworthy information, including analysis, especially about recent events primarily of socio-political, economic or cultural nature, available over the internet or computer networks,” define the new IT Rules. Register yourself if you want to be in the news business All digital news portals are required to furnish their information to the MIB within 30 days of the notification of the Rules. Overall, the Rules are a significant departure from the existing framework and impose considerable compliances for digital media. Digital media has provided Indian users an easy and accessible way to express themselves. While the Rules aim to tackle problematic and unlawful content, whether a balance between freedom and regulation will be achieved, remains to be seen. Digital platforms will have to establish prescribed procedures and mechanisms to comply with the Rules and implementation of several processes will need further clarity. SEE ALSO: <a href="https://www.businessinsider.in/tech/apps/news/whatsapp-signal-and-telegram-face-a-catch-22-situation-as-indias-new-social-media-rules-threaten-encryption/articleshow/81221070.cms">Whatsapp, Signal and Telegram face a catch-22 situation as India’s new social media rules threaten encryption</a> <a href="https://www.businessinsider.in/tech/news/facebook-and-twitter-have-a-ton-of-new-rules-to-abide-by-in-india-whatsapp-may-find-itself-in-the-toughest-spot-of-all/articleshow/81208643.cms">Facebook and Twitter have a ton of new rules to abide by in India ⁠— WhatsApp may find itself in the toughest spot of all</a> <a href="https://www.businessinsider.in/india/news/indian-government-assumes-the-right-to-block-digital-news-content-along-with-a-new-set-of-regulations/articleshow/81209053.cms">Indian government assumes the right to block digital news content along with a new set of regulations</a>

OPINION: Regulating digital news is important but freedom of press is precious

<ul><li>The Indian government’s new IT rules for over-the-top (OTT) platforms ask for a three-tier grievance system and content classification.</li><li>While this may create a forum where users can air their complaints, it could also result in an uptake of content related disputes in India.</li><li>The likes of Hotstar, Netflix, Amazon Prime Video and others will have to steer around India’s diverse sensibilities, cultures and beliefs.</li></ul>Until now content on OTT platforms such as Netflix, Amazon Prime Video, Hotstar and others were <a href="https://www.businessinsider.in/policy/news/self-regulation-code-adopted-by-disney-hotstar-amazon-prime-and-other-ott-platforms-what-is-this-code/articleshow/78009955.cms">largely unregulated</a>, allowing them to cater to varied sensibilities. However, content on OTT platforms has also <a href="https://www.businessinsider.in/entertainment/news/tandav-controversy-fir-filed-against-the-shows-director-and-amazon-india-head-of-content-in-up/articleshow/80329036.cms">courted controversy</a> time and again. Significant compliances have been introduced for OTT platforms such as certification of films and web-series, and parental locks. A 3-tier grievance redressal mechanism has been prescribed for OTT platforms as well as news portals. This might eventually lead to a substantial increase in content related disputes in India. The three levels of addressing complaints OTT platforms and news portals will have to formulate a robust three-tier grievance redressal mechanism. The rules provide for two levels of self regulation. First, self-regulation by the platform through a grievance redressal officer and, second, by an institutional self-regulatory body comprising industry experts and headed by a retired Supreme Court or High Court judge or other independent eminent personality in the relevant field. This is followed by the third level of oversight through an interdepartmental committee constituted by the government. This committee will hear appeals arising out of decisions taken at level two, and if a complaint is referred to the committee by the <a href="https://www.businessinsider.in/tech/news/ott-platforms-hotstar-netflix-and-even-news-content-providers-will-now-be-regulated-by-the-ib-ministry/articleshow/79166864.cms">Ministry of Information and Broadcast</a> (MIB). The maze of India's many moods While an institutional self-regulation mechanism may enable citizens to have their concerns heard through a formal process within definite time frames; the oversight mechanism by the government certainly tightens the government’s grip on the overall operations of OTT platforms. A big challenge for OTT platforms, while dealing with complaints, will be to steer around diverse sensibilities, cultures and beliefs of the Indian audience and their <a href="https://www.businessinsider.in/netflix-is-pushing-back-against-a-legal-petition-seeking-the-removal-of-an-unflattering-reference-to-an-assassinated-indian-prime-minister-in-sacred-games-its-first-indian-original-series/articleshow/65327640.cms">demands for different genres of content. </a> It is also essential to not overlook the fact that content curation of OTT players offer ‘video-on-demand’ services, and curate content based on demands of viewers, often analysed basis viewership data and trends. While a certain type of content is perceived as offensive by a certain section of public, it is popular amongst another. It is unclear as to how OTT platforms are expected to practically redress grievances from different users. Content Classification OTT platforms are required to classify all films, web- series or other shows, based on: <ul><li>age of viewers themes and messages</li><li>violence, nudity, sex, language, substance abuse, horror, content, tone and impact target audience</li><li>implement parental controls</li></ul><a href="https://www.businessinsider.in/policy/news/netflix-amazon-disney-hotstar-will-now-have-to-classify-their-content-according-to-age-in-india/articleshow/81209677.cms">Ratings under the Rules</a> – U/A, U/A 7+, U/A 13+, U/A 16+ are similar to the age sensitive categorisations proposed by IAMAI (Internet and Mobile Association of India) under its self - regulatory code issued last year. *Tanu Banerjee is a partner, Ishan Johri is a senior associate and Garima Kedia is an associate at law firm Khaitan &amp; Co. Views expressed here are personal. SEE ALSO: <a href="https://www.businessinsider.in/tech/apps/news/whatsapp-signal-and-telegram-face-a-catch-22-situation-as-indias-new-social-media-rules-threaten-encryption/articleshow/81221070.cms">Whatsapp, Signal and Telegram face a catch-22 situation as India’s new social media rules threaten encryption</a> <a href="https://www.businessinsider.in/tech/news/facebook-and-twitter-have-a-ton-of-new-rules-to-abide-by-in-india-whatsapp-may-find-itself-in-the-toughest-spot-of-all/articleshow/81208643.cms">Facebook and Twitter have a ton of new rules to abide by in India ⁠— WhatsApp may find itself in the toughest spot of all</a> <a href="https://www.businessinsider.in/india/news/indian-government-assumes-the-right-to-block-digital-news-content-along-with-a-new-set-of-regulations/articleshow/81209053.cms">Indian government assumes the right to block digital news content along with a new set of regulations</a>

India’s new rules for OTT platforms could lead an increase in content-related disputes

<ul><li> Social media platforms in India, like Facebook and its offshoot WhatsApp, Google’s YouTube, Twitter, and others now face a new set of rules and regulation set to be enforced after mid-May.</li><li>The Indian government has laid rules for a physical presence, monitoring of harmful content, tracking down the first originator of mischief, and the voluntary verification of users.</li><li>Here are the five most important things you need to know about India’s new IT Rules for social media platforms.</li><li>The article has been written by Tanu Banerjee, Ishan Johri and Garima Kedia from Khaitan &amp; Co.</li></ul>The Indian government has come up with a new set of rules and regulations to regulate social media platforms, messaging services, OTT platforms and news portals. These regulations are called the <a href="https://www.businessinsider.in/tech/news/facebook-and-twitter-have-a-ton-of-new-rules-to-abide-by-in-india-whatsapp-may-find-itself-in-the-toughest-spot-of-all/articleshow/81208643.cms">Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021 (Rules). </a> These Rules will require compliance even by foreign tech-giants operating in India such as WhatsApp, Facebook, Twitter, Netflix, Amazon etc. The growth of digital media in India has largely been fuelled by a moderate regulatory framework in India until now. However, given the growing concerns around the information and content available over social media and OTT platforms, domestic and foreign, detailed regulations for digital media from the Government were imminent. For social media platforms such as Twitter, Facebook and others, the Rules focus on issues like fake news, fake user accounts and monitoring of illegal content by platforms. Greater compliances are placed on social media platforms with larger user base. A key provision specific to messaging services is the requirement to identify the originator of messages in case of mischief. Significant social media intermediaries — more on behaviour than stats Social media platforms with minimum 50 lakh registered users are classified as significant social media intermediaries and are subject to maximum compliances. However, the Government may require any other social media platform to also comply with rules applicable to significant social media intermediaries if services of such platform create a material risk to the sovereignty or integrity of India. While the actual implementation of this remains to be seen, at this juncture it appears that purely as a result of user behaviour, even smaller social media platforms could be brought under the ambit of stricter compliances under the rules. If you are doing business in India, you need to be setup in India All significant social media intermediaries are required to appoint: <ul><li>a Chief Compliance Officer</li><li>a Nodal Contact Person</li><li>and, a Resident Grievance Officer</li></ul>Each of the above are required to be Indian residents. The Rules also necessitate significant social media intermediaries to have a physical contact address in India. This mandatory physical presence in India will have significant implications for foreign players in terms of setting up infrastructure and deployment of resources and taxation. However, absence of a registration or a mandatory licensing framework for digital media businesses, will hopefully continue to garner interest from foreign players to set up operations in India. Active monitoring of harmful content — shifting the responsibility to ‘intermediaries’ In a departure from the previously applicable Information Technology (Intermediary Guidelines) Rules, 2011 (2011 Rules), significant social media intermediaries are now required to endeavour to deploy technology-based measures, including automated tools to identify information that depicts rape, child sexual abuse or conduct, or information that has previously been removed. The rules also require maintenance of appropriate human oversight, and periodic review of automated tools. Such active monitoring by intermediaries dilutes the safe harbour protection that was available to intermediaries under the 2011 Rules. Verification of users — security or risk to privacy? Significant social media intermediaries are to provide a mechanism for verification of user accounts, e.g. through mobile numbers. Verified users are to be identified by a demonstrable mark such as a tick or dot. Though such verification by users is voluntary, it may still be a setback for user privacy. A platform’s use of personal information provided by users is subject to the platform’s privacy policy, to which users typically have no option but to consent. User information provided for verification will simply become part of the data under the privacy policy that platforms are entitled to collect and use. Identification of ‘first originator’ of Information Messaging services (with more than 50 lakh users) will be required to enable identification of the first originator of information if required by a court order or an order of the Government under Section 69 of the IT Act. Such identification of a user <a href="https://www.businessinsider.in/tech/apps/news/whatsapp-signal-and-telegram-face-a-catch-22-situation-as-indias-new-social-media-rules-threaten-encryption/articleshow/81221070.cms">brings into question the end-to-end encryption offered by services</a> such as WhatsApp, Telegram, Signal, etc.; and whether identifying a user as the “first originator” of mischievous information accurately is practically possible for a platform. *Tanu Banerjee is a partner, Ishan Johri is a senior associate and Garima Kedia is an associate at law firm Khaitan &amp; Co. Views expressed here are personal. SEE ALSO: <a href="https://www.businessinsider.in/tech/apps/news/whatsapp-signal-and-telegram-face-a-catch-22-situation-as-indias-new-social-media-rules-threaten-encryption/articleshow/81221070.cms">Whatsapp, Signal and Telegram face a catch-22 situation as India’s new social media rules threaten encryption</a> <a href="https://www.businessinsider.in/tech/news/facebook-and-twitter-have-a-ton-of-new-rules-to-abide-by-in-india-whatsapp-may-find-itself-in-the-toughest-spot-of-all/articleshow/81208643.cms">Facebook and Twitter have a ton of new rules to abide by in India ⁠— WhatsApp may find itself in the toughest spot of all</a> <a href="https://www.businessinsider.in/india/news/indian-government-assumes-the-right-to-block-digital-news-content-along-with-a-new-set-of-regulations/articleshow/81209053.cms">Indian government assumes the right to block digital news content along with a new set of regulations</a>

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