New Delhi Social media users troubled by the adverse actions of online platforms may soon be able to approach a government-appointed panel for relief if a draft proposal to this effect makes it to the final stages. As of now, users can only challenge such actions in court.
According to a draft resolution by the Union Ministry of Electronics and Information Technology (Meity), any aggrieved person can appeal against the decision of the Grievance Officer of the social media company before the New Complaints Appellate Committee.
The Committee, consisting of a Chairman and members appointed by the Central Government, shall consider these appeals and decide upon them within 30 days, and its decision shall be binding on the Company. The amendments are open for comments of stakeholders till June 22.
The complainant will continue to have the right to seek judicial remedy.
The proposed amendment to the Information Technology (Intermediate Guidelines and Digital Media Code of Conduct) Rules, 2021 was published on the MeitY website on June 1, but was later taken down and not republished till press time.
Technical policy analyst Prashanto Kumar Roy said the MeitY proposal has received “a lot of criticism” since it was notified.
“Government control over decisions made by private platforms is a ridiculous idea, and it is absolutely unprecedented across the globe,” he said.
The move comes after social media firms blocked, suspended or otherwise acted against several social media handles, some of them celebrities and other high-profile individuals, for alleged violation of community guidelines.
Spokesmen for Facebook and Twitter did not respond to requests for statements on the proposed amendment.
Prateek Waghre, policy director at the Internet Freedom Foundation, a digital rights advocacy organization, said the exact way such a committee would function was unclear.
“There doesn’t seem to be any legal basis for the amendment given how they are asserting themselves in this process. It’s not clear how the committee will function, but it appears they are carrying out executive oversight, through which user content.” Moderation can appeal,” he said.
Waghre said there is no precedent of such committees in liberal democracies.
India’s new rules for social media companies took effect on May 26 last year, mandating platforms to enable identification of the ‘first originator’ of information that undermines India’s sovereignty, state security, or public order Gone.
The rules mandate intermediaries with more than 50 lakh users to appoint a Grievance Officer, a Nodal Officer and a Chief Compliance Officer, all Indian citizens.
Intermediaries shall notify the suspension, deletion or blocking of any complaint from any user or user account or its users in the nature of the request to remove the information or communication link within 24 hours and dispose of the complaint within 15 days Will happen.
In case of any complaint in the nature of request for removal of information or communication links that is defamatory, obscene, obscene, injurious to other’s privacy, defamatory, false and untrue information, the same should be redressed within 72 hours of reporting , as per rules of May 2021.
Also, the intermediary concerned will be required to take all reasonable measures to ensure access to its services for users, along with due diligence, a reasonable expectation of confidentiality and transparency.