IAS Gyan

Daily News Analysis

Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021

26th June, 2021 GOVERNANCE

GS PAPER II: Important aspects of governance, transparency and accountability, e-governance- applications, models, successes, limitations, and potential; citizens charters, transparency & accountability and institutional and other measures.

Context: Information and Broadcasting Ministry Joint Secretary said that over 1,500 publishers had so far submitted information in the formats prescribed under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

  • Under this rules digital media platforms that were part of traditional media outlets were not required to join a separate self-regulating body.

Need for these rules:

  • Government had earlier received a large number of grievances and representations from elected representatives on the lack of an institutional mechanism for the digital media.
  • There were also a spate of court cases.
  • Regulatory practices in other countries were examined and consultations were held with various stakeholders before notifying the new rules under the existing laws.

Key features of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, are

  • Due diligence by intermediaries;
  • Code of Ethics for publishers;
  • A three-tier co-regulatory framework; and
  • furnishing and disclosure of information by publishers.

The Code of Ethics for online news publishers

  • It essentially covers the norms of journalistic conduct under the Press Council Act, Programme Code under the Cable Television Networks (Regulation) Rules), and non-transmission of prohibited contents.
  • The reasonable restrictions as provided in the Constitution also apply.
  • Under the grievance redress mechanism, the first level requires appointment of grievance officers by publishers in India; self-regulating bodies come at the second level, and the third is an oversight mechanism at the Ministry level.
  • The self-regulating body's functions include overseeing adherence to the Code, addressing grievances or appeals, issuing warnings and reclassifying contents, apart from referring to the Ministry cases involving contents that may incite commission of a cognisable offence related to public order or circumstances covered under Section 69A of the Information Technology Act.
  • At the Ministry level, there is a provision for an inter-departmental committee, on whose recommendation the government has to issue orders.
  • The government can suo motu issue interim order for blocking any content in emergency cases on matters covered under Section 69A.
  • All orders of blocking have to be placed before a review committee.

https://www.thehindu.com/news/national/publishers-give-details-under-ethics-code/article34979300.ece?homepage=true