For the first time, the Union government, under the ambit of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, has brought in detailed guidelines for digital content on both digital media and Over The Top (OTT) platforms, while giving overriding powers to the government to step in.
Video streaming service providers Netflix, Amazon Prime Video, MX Player and 15 others will now have to adhere to the new guidelines and self-regulatory mechanism notified by the government on Thursday, even as they were in the process of implementing their own self-regulation code.
The government has put in place a three-tier redressal system, with the information and broadcasting ministry exercising complete oversight over the process.
An independent self-regulatory body headed by a retired high court or Supreme Court judge will decide on matters related to content, as per the new mechanism. The code is part of the draft Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021.
The government has equipped itself with ’emergency’ powers. The rules state, ‘in case of emergency nature’ the Secretary, Ministry of Information and Broadcasting may, ‘if he is satisfied that it is necessary or expedient and justifiable’ give orders to block public access of any information. The rules state that he or she has to record the reason for doing so in writing and it will be an interim measure. Importantly, such orders can be released ‘without giving an opportunity of hearing to the publishing platform’. It is true that the digital media platforms have no monitoring mechanism like TV News Media or the print media. While the government should not curb freedom of expression, social media platforms and those operating in them should understand their responsibility.