The Indian government has introduced new IT rules called the Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021. The new set of rules mandates intermediaries to exercise “due caution and discretion” in relation to the general principles around online curated content. It also lays down provisions for establishing a dedicated grievance redressal system for digital and OTT platforms.
Why the grievance portal?
The Indian government seeks to establish an online Grievance Portal as the central repository for receiving and processing all grievances from the public in respect of the Code of Ethics. According to Union IT Minister Ravi Shankar Prasad, the Government of India felt that there was a need for a dedicated portal where citizens could register their complaints. “The government welcomes criticism and right to dissent but it is very important for the users of social media to have a forum to raise their grievance against the misuse of social media,” he said. The ministry is expected to establish the portal within three months of the commencement of the rules.
Grievance Portal: How will it work
According to the new rules, any person having a grievance regarding content published by the publishing entity in relation to the Code of Ethics may register their grievance on the Grievance Portal.
The portal will then generate and issue an acknowledgement of the grievance a the benefit of the complainant within 24 hours of its registration, and electronically direct the grievance to the publisher(s) for addressing the grievance, and also refer such grievance to the Ministry and the self-regulating body for information and record.
Complaint/grievance redressal: The Process
A process will have to be followed by the publishing entity to address the grievance and inform the complainant of its decision within 15 days of the registration of the grievance. This decision will also have to be forwarded to the Grievance portal.
If the decision of the publishing entity is not communicated to the complainant within the stipulated 15 days, the grievance will be escalated to the level of a self-regulating body of which such entity is a member. If the complainant is not ‘satisfied’ with the decision of the publishing entity, he/she may file an appeal on the Grievance portal within 15 days of such decision.
The self-regulating body will then address it and convey its decision in the form of guidance or advisory to the publishing entity. Every such decision will also be recorded on the portal. If the complainant is not satisfied with even the decision of the self-regulating body, he/she may again file an appeal on the Grievance portal to the Oversight Mechanism within 15 days of such decision.
Self-Regulating mechanism – LEVEL 1
The publishing entity forms level 1 of the Self-Regulating mechanism. Under this, the publishing entity will require to establish a grievance redressal mechanism and appoint a Grievance Redressal Mechanism who will follow the code of ethics, will address the complaints in a timely manner and will be the nodal point of attraction with the complainant, the self-regulatory body and the publishing entity. The details of the officer and clauses of the Redressal Mechanism will also be displayed on the website/platform by the publishing entity. The entity will also be a member of self-regulating body and will abide by its terms and conditions.
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