After instructing social media companies to furnish details of their compliance with the new Information Technology Rules 2021, the government has now instructed all digital media entities to furnish information within the next 15 days.
In a communique, issued on May 26, the Ministry of Information and Broadcasting’s Digital Media Division has instructed digital-only media entities, over-the-top streaming platforms and traditional media companies to send information about their operations to the ministry within 15 days. The information sought after include the publisher/platform’s website URL, mobile apps, company information, contact information, particulars of the news editors, and details about their grievance redressal mechanism.
The government issued the new rules in February this year, creating a new framework for governing intermediary liability and digital media regulation. According to the rules, digital news publishers will now have to notify the government of their operations, set up self-regulatory organisations and apply a complaints redressal mechanism, as well as follow codes which were only applicable to print and TV news thus far. While it was clear that the new IT Rules 2021 would apply to digital news publishers and online curated content (OTT platforms), the government has clarified that the new rules also apply to traditional TV and print news organisations that have an online presence.
The government has appointed Vikram Sahay, Joint Secretary (Policy and Administration) in the I&B Ministry, as the ‘Authorised Officer’ in charge of administering these rules through the Ministry-level Oversight Mechanism.
In the communique, the I&B Ministry said that I&B Minister Prakash Javadekar held interactions with the publishers of online curated content and digital news media publishers.
“The Ministry has also established communication with many digital media publishers, and their associations, regarding the rules and their compliance requirements. A total of around 60 publishers, and their associations, have also informed the Ministry that they have already initiated the process of formation of self-regulatory bodies under the rules”
It is important to note that the I&B Ministry has not held any consultations with the DIGIPUB News India Foundation, which represents several digital-only publishers. However, the I&B Minister met with the Digital News Publishers Association in March. The DNPA is an industry body made up of traditional news organisations like NDTV, the India Today Group, Hindustan Times, Indian Express, Times of India, Amar Ujala and Dainik Jagran, amongst others.
Digital News Media
The government said that prior registration of digital media publishers with the I&B Ministry is not required, but instead they need to furnish information to the ministry. As of April 16, around five digital news publishers and aggregators— Scroll, The Wire, Newslaundry, The News Minute and DailyHunt — launched a grievance redressal mechanism on their respective websites and have appointed grievance officers in accordance with the IT Rules, 2021.
According to the communique, digital news organisations need to furnish the following information:
- Basic Information: Name of the Website, Languages in which content is published, Website URL, Mobile App(s) and social media accounts across platforms
- Entity Information: Name of entity, PAN number, Incorporation information, date of commencement of operations, Company Identification Number and Board of Directors
- Grievance Redressal Mechanism: Name of grievance officer, self-regulatory body of which publisher is a member and particulars of News Editors.
- Contact Information in India
Several organisations, including The Quint, LiveLaw and the Foundation for Independent Journalism (TheWire.in) along with Dhanya Rajendra, the editor of The News Minute, have filed a legal challenge against these rules before various courts across the country. In March, the Kerala High Court ordered a stay on the rules and directed the government to not take any coercive action against LiveLaw.
In a letter to Prime Minister Narendra Modi, in March, the Editors of Guild of India (EGI) said that the new rules compromises the freedom of the press and therefore, it asked the government to revoke the rules and facilitate meaningful consultations. “These rules have been brought in without due consultation with the stakeholders and deepen the worry that freedom of press in India is being seriously compromised,” the EGI said.
MediaNama emailed queries to the two I&B officials in charge of collecting this information. Their responses are awaited.
TV& Print News Media
The I&B Ministry said that newspapers registered under the Press and Registration of Books Act, 1867, and private news TV channels licensed by the I&B Ministry, will need to furnish the following information:
- Basic Information: Name of the Website, Languages in which content is published, Website URL, Mobile App(s) and social media accounts across platforms
- Entity Information: Name of entity, RNI registration number and TV Channels licensed by I&B Ministry
- Grievance Redressal Mechanism: Name of grievance officer, self-regulatory body of which publisher is a member and particulars of News Editors.
- Contact Information in India
OTT Platforms
There is another legal challenge against these rules in the Delhi High Court filed on behalf of OTT platforms. The petition argues that multiple provisions of the IT Rules, 2021 do not meet the constitutional requirements of placing restrictions on free speech and expression, deserve to be struck down.
OTT platforms and online curated content platforms need to furnish the following information:
- Basic Information: Name of OTT platform, Website URL and Mobile App(s)
- Entity Information: Name of entity, PAN number, Incorporation information, counry of registration in case of foreign entities, date of commencement of operations, Company Identification Number and Board of Directors
- Grievance Redressal Mechanism: Name of grievance officer, self-regulatory body of which publisher is a member and particulars of News Editors.
- Contact Information in India
Also Read
Impact of IT Rules 2021 on Digital News Media organisations:
- Summary: Information Technology Rules 2021 and Digital News publishing
- How Are Foreign News and Media Publications Impacted?
- How will online news and current affairs commentators be impacted?
- Can The Indian Government Use Section 69A Of IT Act To Censor Digital Media?
Impact of IT Rules 2021 on OTT platforms:
- Summary: Information Technology Rules 2021 and OTT streaming services
- 5 bullets dodged by OTT streaming services in the Intermediary Rules
- OTT streaming services now have an almost identical legal framework to cable TV in India
- One week before unofficial deadline, most OTT streaming services not compliant with IT Rules
