The dissemination of information has been revolutionized with the advent of social media and other digital platforms. Social media is redefining the way people communicate with each other. We have seen a transformation in the manner in which people connect. Unlike traditional media such as television, print, and radio, digital media is significantly different in two ways: first, the users can create ample content that the users themselves can generate, and second, it is the ability to spread a message or post exponentially. This popularity and rapid reach of social media have made the regulation of the channels very important. Regulatory Framework for Online Content
India has a strong web of regulations, weaving the country uniformly together. Digital landscape has witnessed a recent revolution and therefore, such a huge user base on these platforms requires a strict set of regulations to govern the activities on these platforms. In India, most of IT laws are related to computers and internet usage, there is no specific law concerning content moderation or regulating online content.
However, the country’s apex court has given guidelines multiple times regarding channeling activities on digital platforms. The parliament is also very keen to regulate the digital landscape by framing regulations. The Broadcasting Services (Regulations) Bill was introduced on 10th November 2023, which is an addition to the laws on media and technology in India (reference here). In 2024, the Ministry of Information and Broadcasting drafted the Broadcasting Services (Regulation) Bill. One of the significant aspects of this new bill is that it will categorize and classify influencers and social media pages that produce content or discuss current affairs or news online as ‘digital news broadcasters’. Expanding its reach beyond OTT and digital news to include social media accounts and online video creators, expanding on a version of the draft law released in November 2023.
Revamp and Replace
In time for the state to achieve parity through ‘revamping’ and ‘replacing’ the earlier laws that have become irrelevant for regulating and governing the current media landscape in our country. The parliament aims to unify all the laws made for different media industries. This approach is evident in the draft of the Telecommunication Bill, 2022, which aims to replace the Indian Telegraph Act (1885), Indian Wireless Telegraph Act (1933) and The Telegraph Wire (Unlawful Protection) Act (1950).
The parliament is taking initiatives to deal with the issues arising from the use of these platforms. It is very important to regulate these modes of communication since it involves a large number of audience engagement and such things have the potential to disrupt the public order. The integrity of internet users depends on the content available on digital platforms making it crucial for lawmakers to formulate a regulatory framework to deal with the rising issue of internet obscenity.
Merging the Regulations
When new technologies or innovations emerge, the old regulation or law does not simply become irrelevant. Some parts of these existing legislation become inapplicable, and the rest of the provisions do not cease to exist. However, the lawmakers bring new legislation to avoid any repercussions and gaps related to new development. Another way in which parity could be achieved is by merging the old and new regulations. In this way, the relevant provisions of the old law could be saved and used for future reference (reference here)
The Information Technology Rules (2021) clearly illustrate the approach of blending old and new regulatory mechanisms to ensure balance. This legislation was enacted to regulate digital news. Similarly, for streaming services known as Over the Top (OTT) content, the Central Government notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, in 2022 to regulate OTT platforms. These rules require social media platforms to be more diligent in managing the content on their sites. Additionally, the content limitations align with the reasonable restrictions on free speech outlined in Article 19(2) of the Indian constitution. However, the content norms relating to religious sensitivity are provided under the provisions of the Television Networks Act of 1994 and the Cinematograph Act of 1952.
Analyzing the Regulatory Framework
Social media and digital platforms are revolutionizing the way people connect and share information. Unlike traditional media such as television, print, and radio, these platforms enable users to generate vast amounts of content and spread messages rapidly. This exponential growth and influence necessitate the regulation of online content. The significant impact of social media on communication underscores the need for a strong regulatory framework to manage online content moderation. This article aims to closely analyze the regulatory framework for online content moderation in India, focusing on the guidelines governing user-generated posts on these platforms.
India’s legal framework for online content moderation is anchored by several key legislations. The Information Technology Act, 2000, particularly its Section 69A, empowers the government to block online content in the interest of sovereignty, security, and public order. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, mandates social media intermediaries to follow due diligence and establish grievance redressal mechanisms. Additionally, the Indian Penal Code (IPC) addresses issues like defamation, obscenity, and incitement, while the Protection of Children from Sexual Offences (POCSO) Act, 2012, tackles child exploitation online. These frameworks collectively aim to balance freedom of expression with the need to protect users from harmful content.
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