The changes have been proposed through a draft, which seeks to amend last year’s controversial information technology ,mediator guidelines and Digital Media Ethics Code) Rules, 2021. In the form of document – which confers overriding powers to the Government through the appointment of an all-powerful Grievance Appeal Committee (gak) – started making rounds, it has been taken down from the website of the Ministry of IT.
When contacted, sources in the IT ministry insisted that the draft “shouldn’t read much in removal”, clarifying that it would be “back soon”. He declined to share more details.
draft, in possession of times of IndiaIt also proposes a greater burden on social media companies when dealing with illegal and inflammatory content, and says they must be vigilant and “ensure compliance” with rules and regulations, privacy policy and user agreements.
Legal researcher Gurshabad Grover said that if the move is implemented, the government will get the “final word” about the removal of content or the restoration of suspended accounts. “Indirectly the government would be able to censor content that otherwise they would not be able to do directly in a manner consistent with laws.”
In the proposal, which would put the internet giants in direct conflict with the government, the draft wants companies to be more aware before suspending/blocking/removing any user’s account, and proposes that the decision be reversed by an official committee. (GAC) if any user fails to get any relief against adverse action from the Grievance Officer of the Company.
“Any person aggrieved by an order made by the Grievance Officer … may prefer an appeal to the Grievances Appellate Committee (GAC) having jurisdiction in the matter within a period of 30 days from the date of receipt of communication from the Grievance Officer. shall deal expeditiously and endeavor to finally dispose of the appeal within 30 calendar days from the date of receipt of the appeal. Every order passed by the GAC shall be complied with by the concerned arbitrator,” the draft said.
The GAC – which may be more than one – is proposed to be set up by the central government and consists of a chairperson and other members.
The issue of suspending or blocking accounts has been controversial and social media organizations have often been accused of arbitrariness on the issue by refusing to provide clear reasons for taking action against accounts known to go against their content policy. And while arbitration rules that surfaced last year shelter users from seeking redress from the company’s grievance officer, decisions are rarely reversed.
The draft states that companies should be more mindful of the rights of Indian citizens and should not take arbitrary action. “… the arbitrator shall respect the rights granted to the citizens” The constitution of IndiaIt said, “The intermediary shall take all reasonable measures to ensure access to its services for users with due diligence, a reasonable expectation of confidentiality and transparency.”
In addition to gaining the power to reverse suspend or block orders, the new draft also proposes other overriding commands to the GAC, especially when it comes to “removal of information or communication links” following a user complaint. Content removal requests can be around a wide range of areas such as pornography, defamation, obscenity, libelous, copyright infringement, and information against the safety and security of the country.
The draft states that if a user is not satisfied with the action taken by the company around their content removal request, GAC may be contacted within a period of 30 days. The GAC will then decide the matter within 30 days, and its decision will be “complied” by the social media company.