according to latest rulesThe Ministry of Electronics and Information Technology will set up one or more Grievance Appellate Committees (GACs) within the next three months to decide on the appeals of users aggrieved by the decisions taken by the Grievance Officers of social media companies.
The Appellate Committee will consist of “a Chairperson and two whole-time members appointed by the Central Government”.
Additionally, the amended rules also include provisions for strict compliance for social media intermediaries such that their grievance officers will have to acknowledge complaints within 24 hours and dispose of them within 15 days from the date of its receipt.
Those dissatisfied with the decision of the Grievance Officer can file an appeal to the GAC within 30 days. On its part, the GAC has to “effort” to resolve the matter within 30 days of the receipt of the appeal.
While the draft document was first released for consultation in June, the version notified on Friday is in the final shape, unless further amendments are notified later.
Commenting on billionaire Elon Musk taking over Twitter after the acquisition of the microblogging site, Minister of State for Electronics and IT Rajiv Chandrasekhar on Friday Having said India expects that its rules and regulations for intermediaries will remain the same, irrespective of who is the owner of the platform.
Earlier this year, Musk’s lawyer Thrown light on How the ongoing lawsuit between Twitter and the Center could bring risks to its third-largest market.
ongoing case Contains some of the tensions brewing in the region between Twitter and the Center, with the social media giant arguing that the government should not order a blanket take-down of accounts or posts.
The formation of the GAC is notable because it comes despite significant pushback from social media companies, which had proposed a self-regulatory body, rather than one under the control of the government.
“The Central Government shall, by notification, establish one or more Grievance Appeal Committees within three months from the date of commencement of the Information Technology (Intermediary Guidelines and Digital Media Code of Conduct) Amendment Rules, 2022,” the official document reads.
The members of the committee would include “a chairperson and two whole-time members appointed by the central government, of whom one shall be an ex-officio member and two independent members”, it adds.
Notably, the new rules include a provision that specifies that social media mediators “shall respect all rights granted to citizens under the Constitution, including Articles 14, 19 and 21”.
These articles deal with equality, freedom of expression and right to life and personal liberty respectively.
“The Grievance Appeal Committee may, if it feels necessary while dealing with the appeal, seek assistance from any person having requisite qualification, experience and expertise in the subject,” the new amendments explained.
The rules specify that the entire process of grievance redressal shall be conducted online in the manner of other online dispute resolution processes. The idea is that individual cases can be appealed without having to approach the courts.
However, some non-governmental bodies have argued that these rules would stifle a democratic process and questioned Freedom of Panels.
The rules state that intermediaries are also expected to do their “due diligence” regarding user-generated content.
“The arbitrator shall take all reasonable measures to ensure access to its services for users with due diligence, a reasonable expectation of confidentiality and transparency,” the rules state.
These platforms will also have to provide adequate “security measures” after addressing the complaints and upload all the changes on their websites to ensure “transparency”.