IT committee members question MIB, MeitY officials on new intermediary guidelines

The ministry of information and broadcasting (MIB) and Ministry of Electronics and Information Technology (MeitY) deposed before the Parliamentary Standing Committee on Information Technology on Monday on "intermediary guidelines in the context of examination of the subject review of functioning of Central Board of Film Certification".

According to reports, some members of the committee questioned the legality of new rules framed by the government to regulate OTT and social media platforms. Congress MP Shashi Tharoor is the chairperson of the committee. The officials were also asked if these rules are in conformity with the legal framework.

The members of the panel also grilled the officials as to why the regulatory mechanism consists of only bureaucrats and not representatives of civil society, judiciary, and professionals. They also asked the officials whether they had consulted stakeholders before bringing these rules.

In their response, the government officials said that the rules have been brought to keep the rules in tune with changing times. They also explained the rationale behind issuing the guidelines.

The government has notified Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 on 25th February. These Rules have superseded the Information Technology (Intermediaries Guidelines) Rules, 2011.

Part –II of these Rules, administered by MeITY, relate to intermediaries, including social media intermediaries, and provides for (i) an institutional framework for digital media to encourage a healthy online environment for various forms of social, cultural, and intellectual activity and (ii) a new intermediary liability framework.

Part –III of these Rules, administered by MIB, inter- alia provide for the following:-
i. Code of Ethics to be followed by publishers of news & current affairs on digital media and publishers of online curated content (commonly known as OTT Platforms).
ii. A three-level Grievance Redressal Mechanism consisting of the publisher (Level-I), a Self-Regulating body constituted by the publishers (Level-II), and an Oversight Mechanism of the Government(Level-III), with time-bound grievance disposal
mechanism.