Regulatory Body Tells OTT Platform to Take Down Content

June 27, 2023

Why in News?

For the first time, the Digital Publisher Content Grievances Council (DPCGC), self-regulatory body for online curated content (OTT), has recommended punitive action on a platform invoking the Information Technology Rules (2021).

What’s in Today’s Article?

News Summary
About IT Rules 2021 (Major modifications introduced through IT Rules for Intermediaries)
About Digital Publisher Content Grievances Council (DPCGC)

News Summary:

In an order issued last week, the Digital Publisher Content Grievances Council (DPCGC) has gravely objected to the content being streamed on an OTT platform called ULLU, and ordered take-down of such content in 15 days.
- DPCGC is self-regulatory body for OTT platforms.
The order was pertaining to a complaint on the obscene nature of the content being streamed on ULLU.
The complainant had stated that some of the web series only had obscenity and nudity, which is contrary to the law of the land as well as the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
In its response, the ULLU denied all allegations and insisted that the viewership is based on discretion, and also cited “freedom of speech and expression” as enshrined in the Constitution.
The DPCGC while reprimanding the platform, gave a strong advisory to take off these web series altogether or make suitable edits to the offending scenes to ensure they are in compliance with the IT Rules.

IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021:

The rules were notified by the Ministry of Electronics and Information Technology in February, 2021.
The Rules provide the due diligence to be followed by an intermediary (including social media intermediary) while discharging its duties, Grievance Redressal Mechanism and Digital Media Code of Ethics.
Due Diligence to be followed by Intermediary:

Prominently publish on its website (or mobile based application or both), the rules and regulations, privacy policy and user agreement for access or usage of its computer resource by any person;
The rules have modified the categories of content that users are not allowed to upload or share.
Periodically (at least once in a year) inform its users of its rules and regulations, privacy policy or user agreement or any change in the rules and regulations, privacy policy or user agreement.

The intermediary must ensure to prominently publish on its website/mobile based application, the name of the Grievance Officer and his contact details.
It must provide a mechanism by which a user or a victim may make complaint against violation of the provisions of this rule or any other matters pertaining to the computer resources made available by it.
Grievance Officer shall acknowledge the complaint within twenty four hours and resolve it within fifteen days from its receipt.

The 2021 Rules define social media intermediaries as intermediaries which primarily or solely enable online interaction between two or more users.
Intermediaries with registered users above a notified threshold will be classified as significant social media intermediaries (SSMIs).
SSMI shall appoint a Chief Compliance Officer who shall be responsible for ensuring compliance with the Act.
SSMI shall appoint a nodal contact person for 24×7 coordination with law enforcement agencies and officers to ensure compliance to their orders or requisitions made in accordance with the provisions of law or rules made thereunder.

An SSMI which primarily provides messaging services (for example WhatsApp), must enable the identification of the first originator of information within India on its platform.

Intermediaries shall remove or disable access within 24 hours of receipt of complaints of contents that exposes the private areas of individuals, show such individuals in full or partial nudity or in sexual act or is in the nature of impersonation including morphed images etc.
Such a complaint can be filed either by the individual or by any other person on his/her behalf.

Ministry of Information and Broadcasting shall formulate an oversight mechanism.
It shall publish a charter for self-regulating bodies, including Codes of Practices. It shall establish an Inter-Departmental Committee for hearing grievances.

About Digital Publisher Content Grievances Council (DPCGC):

The DPCGC is an officially recognized, independent self-regulatory body for online curated content providers (OCCPs).
It has been set up under the aegis of Internet and Mobile Association of India (IAMAI), in June 2021.
DPCGC aims to usher in a redressal mechanism which ensures a balance between addressing viewer complaints and showcasing content in free-speech environment without ad-hoc interventions.
It adheres to IT Rules 2021 and such other existing or new statutes, and rules/regulations/guidelines framed thereunder from time to time, relating to publishing of online curated content.

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