ITV

Category: I&B Ministry

  • Parliamentary panel asks Google, Facebook to comply with new IT rules

    New Delhi: The Parliamentary Standing Committee on Information Technology (IT) has directed US tech giants Facebook and Google to comply with the new IT rules, which came into effect on 26 May.

    Both Facebook and Google officials had appeared before the Parliamentary panel on Tuesday regarding the issue of safeguarding citizens’ rights and preventing the misuse of social/online news media platforms. The panel chaired by Congress MP Shashi Tharoor had asked the officials of the social media sites to appear in person on the issue.

    According to media reports, the representatives were made aware of certain loopholes in their existing data protection and privacy policy mechanism and were asked to have stringent safeguards in place to protect the data privacy and data security of their users. The meeting was attended by Facebook India associate general counsel Namrata Singh and the company’s director of public policy Shivnath Thukral.

    Google officials also informed the committee that between January and March 2021, YouTube removed over 9.5 million videos for violating its community guidelines. “95 percent of these videos were first flagged by machines rather than humans. Of those detected by machines, 27.8 percent never received a single view & 39 percent received one and ten views,” officials told the committee, “During this same quarter, YouTube terminated over 2.2 million channels for violating its Community Guidelines. In this same period. YouTube removed more than one billion comments, the majority of which were spam and were detected automatically.”

    While officials from Facebook, Google, and Twitter have also appeared before the panel, representatives of YouTube and other Social Media Intermediaries will also be summoned in the coming weeks over the issue.

    The new IT (Guidelines for Intermediaries and Digital Media Ethics Code) rules, 2021 were notified on 25 February and came into effect on 26 May. The rules recommend a three-tier mechanism for the regulation of all online media. As per the rules, each significant social media intermediary is required to appoint a chief compliance officer, a nodal contact person for 24×7 coordination with law enforcement agencies, and a resident grievance officer. All three should be resident Indians.

  • HC issues notice to Centre over media firms’ plea against IT rules

    New Delhi: The Madras high court has issued a notice to Centre over a plea filed by the Digital News Publishers Association (DNPA) against the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021.

    This petition challenged the constitutionality of the Rules and alleged that it violates the fundamental right of equality (Article 14), freedom of speech and expression (Article 19(1)(a), and the right to practice any profession or to carry on any occupation, trade or business (Article 19 (1) (g)). The association sought a stay on Rules 12, 14, and 16 of the IT Rules 2021.

    Formed in 2018, DNPA is an organisation comprising of the digital arms of leading media companies of the country, including the ABP Network, Amar Ujala, Dainik Bhaskar Corp, Express Network, HT Digital Streams, IE Online Media Services, NDTV Convergence, Lokmat Media, Jagran Prakashan, TV Today Network, The Malayala Manorama, Times Internet Limited, and Ushodaya Enterprises. 

    According to DNPA, the online news portals of traditional media houses, which run newspapers and TV channels, do not come within the purview of IT Rules.  “While ‘newspaper’ is not governed by the IT Rules 2021, ‘publisher of news and current affairs content’ is governed by Part three of the IT Rules 2021. This implies that some of the members of DNPA association which are primarily newspaper publishers would not be governed by the IT Rules 2021 if they only published newspapers. But by making available, inter alia, the same content on a digital platform, they ought to be governed by the IT Rules 2021. Therefore, the IT Rules 2021 have created a distinction that is vague and arbitrary…” stated the plea, Live Law reported.

    The plea also contended that there are several regulations in place already for traditional and legacy media outlets in print and broadcasting, which have been operating before the advent of the internet and digital media. The petition filed by DNPA and journalist Mukund Padmanabhan was tagged along with the petition filed by Carnatic singer TM Krishna, which also claimed that the IT Rules 2021 were in violation of the Right to Privacy.  

    The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 that into effect on 26 May recommend a three-tier mechanism for the regulation of all online media. Under the rules, the digital publishers are required to take urgent steps for appointing a grievance officer, if not done, and place all relevant details in the public domain. “They also need to constitute self-regulatory bodies through mutual consultation so that the grievances are addressed at the level of publishers or the self-regulating bodies themselves,” according to the ministry.

  • MIB seeks public comments on the draft Cinematograph (Amendment) Bill 2021

    New Delhi: The government has sought public comments on the draft Cinematograph (Amendment) Bill 2021 which proposes to penalise film piracy with a jail term and empower the Centre to order re-certification of an already certified film in case of complaints.

    The general public can send their comments on the draft bill by 2 July.

    “The ministry of information and broadcasting proposes to introduce the Cinematograph (Amendment) Bill, 2021 which will make the process of sanctioning of films for exhibition more effective, in tune with the changed times and curb the menace of piracy,” it said in a statement.

    Age-based film certification

    Among the proposed changes, there are provisions relating to certification of films under ‘unrestricted public exhibition’ category which are proposed to be amended so as to further sub-divide the existing UA category into age-based categories – U/A 7+, U/A 13+ and U/A 16+.

    The draft also adds a provision to grant revisionary powers to the government on account of violation of Section 5B (1) (principles for guidance in certifying films) of the Act. “Since the provisions of Section 5B(1) are derived from Article 19(2) of the Constitution and are non-negotiable, it is also proposed in the Draft Bill to add a proviso to sub-section (1) of section 6 to the effect that on receipt of any references by the Central Government in respect of a film certified for public exhibition, on account of violation of Section 5B(1) of the Act, the Central Government may, if it considers it necessary so to do, direct the chairman of the Board to re-examine the film,” said the ministry.

    Prohibition of unauthorized recording

    The release of pirated versions of films on the internet, causes huge losses to the film industry and government exchequer. “In most cases, illegal duplication in cinema halls is the originating point of piracy. At present, there are no enabling provisions to check film piracy in the Cinematograph Act, 1952 making it necessary to have a provision in the Act to check film piracy,” said the ministry in a press statement.

    The draft bill proposes to insert section 6AA which prohibits unauthorised recording, according to which, no person shall, without the written authorization of the author, be permitted to use any audio-visual recording device in a place to knowingly make or transmit or attempt to make or transmit or abet the making or transmission of a copy of a film or a part thereof.

    “If any person contravenes the provisions of section 6AA, he shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to three years and with a fine which shall not be less than Rs three lakh but which may extend to five percent of the audited gross production cost or with both,” it added.

    The Cinematograph (Amendment) Bill, 2019

    The government had introduced the Cinematograph (Amendment) Bill, 2019 in the Rajya Sabha in February, 2019 to impose strict penalties against unauthorised duplication of films in cinema halls. The draft Bill prohibited a person from using a recording device to make a copy of a film, without authorisation and made it a punishable crime with an imprisonment of up to three years and a fine of up to Rs 10 lakh, or both.

    Later, the standing committee on information technology (2019-20) presented its report on the Cinematograph (Amendment) Bill, 2019 in the Rajya Sabha and Lok Sabha on 16 March 2020.

    “The observations and recommendations made by the committee in the report have been examined and it is proposed to suitably revise the clauses in the Cinematograph (Amendment) Bill, 2019 based on the recommendations,” said the ministry.

    The comments may be submitted at the following email address: dhanpreet.kaur@ips.gov.in

  • MIB amends Cable TV Rules for redressal of broadcast-related complaints

    New Delhi: The Centre has amended the Cable Television Network Rules to provide for a three-layer statutory mechanism for the redressal of consumer’s complaints relating to the content broadcast by TV channels.

    The Cable TV Networks (Amendment) Rules, 2021 was notified in an official gazette on Thursday.

    “The @MIB_India has by amending the Cable Television Network Rules, 1994, developed a statutory mechanism to redress citizens’ grievances & complaints against programmes of TV channels. The @MIB_India has also decided to recognize Statutory Bodies of TV channels under CTN Rules,” tweeted information and broadcasting minister Prakash Javadekar. 

     

     

    At present, there is an institutional mechanism by way of an inter-ministerial committee to address grievances of citizens relating to violation of the Programme/Advertising Codes under the Rules. Similarly, various broadcasters have also developed their internal self-regulatory mechanism for addressing grievances. “However, a need was felt to lay down a statutory mechanism for strengthening the grievance redressal structure. Some broadcasters had also requested for giving legal recognition to their associations/bodies,” said the ministry of information and broadcasting (I&B) on Thursday.

    The amended rules stipulate a three-layer grievance redressal mechanism — self-regulation by broadcasters, self-regulation by the self-regulating bodies of broadcasters and an oversight mechanism by the central government. The rules require each broadcaster to establish a grievance or complaint redressal mechanism, appoint an officer to deal with the complaints, display the contact details of their grievance officer on their website or interface and be a member of a self-regulating body.

    As per the rules, any person aggrieved by the content of a programme of a channel may file his/her complaint in writing to the broadcaster first. “The broadcaster shall, within 24 hours of a complaint being filed, generate and issue an acknowledgement to the complainant for his information and record. The broadcaster shall dispose of the complaint and inform the complainant of its decision within 15 days of receipt of such complaint,” the rules state.

    The complainants can file an appeal with the self-regulatory body of broadcasters if they are not satisfied with the decision of the broadcaster’s grievance redressal officer or the decision of the broadcaster is not communicated to them within 15 days. The complainant may prefer an appeal to the self-regulating body, of which the broadcaster is a member, within 15 days therefrom.

    The self-regulating body will be required to dispose of the appeal within 60 days of the receipt of the appeal, convey its decision in the form of guidance or advisory to the broadcaster, and inform the complainant of such a decision within 15 days. “Where the complainant is not satisfied with the decision of the self-regulating body, he may, within 15 days of such decision, prefer an appeal to the central government for its consideration under the oversight mechanism,” said the rules.

    The Advertising Standards Council of India (ASCI) will hear complaints regarding the violation of the advertising code, take a decision within 60 days of the receipt of a complaint and communicate the same to the broadcaster and the complainant.

    According to the amended rules, there may be one or more self-regulatory body of broadcasters, provided that every such body shall be constituted by a minimum of 40 broadcasters. The self-regulating body shall, after its constitution, register itself with the central government “within a period of 30 days from the date of publication of these rules, or within 30 days from the date of its constitution, whichever is earlier,” the rules stipulate.

    The government will set up an Inter-Departmental Committee (IDC) to take up the hearing of matters “arising out of the appeals against the decisions taken at Level I or Level II of the grievance redressal mechanism”. It will also hear complaints referred by the central government.

    According to the ministry, the notification is significant as it paves the way for a “strong institutional system for redressing grievances” while placing accountability and responsibility on the broadcasters and their self-regulating bodies.

    At present there are over 900 television channels that have been granted permission by MIB all of which are required to comply with the Programme and Advertising Code laid down under the Cable Television Network Rules.

  • Tussle between Centre and Twitter intensifies

    KOLKATA: The conflict between Twitter and the Indian government gets even murkier as the microblogging site has “failed to comply” with new IT rules. According to multiple reports, Twitter has lost its legal protection as an intermediary over non-compliance with the rules, which could impact its business overall as India remains one of the most critical markets for the platform. According to an estimate, the platform has a user base of 1.75 crore in India, which is one of its top five markets.

    “Numerous queries are arising as to whether Twitter is entitled to safe harbour provision. However, the simple fact of the matter is that Twitter has failed to comply with the Intermediary Guidelines that came into effect from the 26th of May,” union information technology minister Ravi Shankar Prasad tweeted on Wednesday.

    Prasad further added it has deliberately chosen the path of non-compliance despite multiple opportunities. His statement amid the reports of Twitter losing its “safe harbour” immunity has raised the question on Twitter’s future in India.

    On the other side, Twitter said that it appointed an interim chief compliance officer in line with the new rules and it would share the details with the IT ministry soon. As per the rules, each significant social media intermediary is required to appoint a chief compliance officer, a nodal contact person for 24×7 coordination with law enforcement agencies, and a resident grievance officer. All three should be resident Indians.

    “These rules are only about setting out the procedures that need to be followed by the intermediaries if they want to continue to get the protection of safe harbour under section 79. The principle of intermediaries is that ordinarily, you will be not liable to whatever content you carry because it is presumed the platforms do not know what they are carrying. Therefore, the platforms will get the benefit of the doubt. But the benefit of the doubt will only extend to the situation where you are told this is wrong and you need to take it down,” TMT Law Practice managing partner Abhishek Malhotra explained.

    Twitter has already been named in an FIR concerning an incident in Ghaziabad’s Loni. “There is no communal angle to the incident in Loni where a man was thrashed and his beard was chopped off. The following entities — The Wire, Rana Ayyub, Mohammad Zubair, Dr Shama Mohammed, Saba Naqvi, Maskoor Usmani, Slaman Nizami — without checking the fact, started giving communal colour to the incident on Twitter and suddenly they started spreading messages to disrupt the peace and bring differences between the religious communities,” the Ghaziabad Police said in the FIR.

    India is one of the top five markets for Twitter. There are apprehensions that Twitter can be even banned if this tussle continues. The platform recently faced the heat in Nigeria.

    “Twitter admittedly is yet to comply with IT Rules, 2021 and as the law stands as on date, the government may decide to revoke its ‘intermediary’ status thereby taking away the immunity enjoyed by it against the content published on the platform by its millions of users,” partner at Bharucha & Partners Kaushik Moitra said.

    However, any action initiated by the Government must be tested in the freedom of speech and expression enshrined in the Constitution of India, he noted further.

  • No exemption for mainstream media from new IT rules, says MIB

    New Delhi: The ministry of information and broadcasting has refused to grant an exemption to the digital news content of mainstream television channels and print media from the ambit of the new IT Rules, 2021 and asked all the digital news publishers and the OTT platforms to comply with the new rules without any misapprehensions.

    Asserting that the rationale for bringing the websites of the organisations under the ambit of the law is well-reasoned, the ministry said, making an exception of the nature proposed “will be discriminatory to the digital news publishers who do not have a traditional TV/print platform.”

    The order dated 10 June provides clarification to digital news publishers, publishers of online curated content or OTT platforms, and associations of digital media publishers who had requested the government for an exemption under the new rules, highlighting that they are already “sufficiently regulated.”

    “Since the code of ethics requires such digital platforms to follow the existing norms/content regulations, which are in vogue for the traditional print and TV media, there is no additional regulatory burden for such entities,” the ministry stated, “Accordingly, the request for exempting the digital news content of such organisations from the ambit of digital media rules 2021 cannot be acceded to.”

    The ministry also took note of the fact that traditional TV and print media are already registered with the government either under the Press and Registration Books Act or the Uplinking and Downlinking Guidelines of 2011, and added, that they can request the same self-regulatory bodies to serve as the Level II of the self-regulatory mechanism. But, before that, they need to ensure consistency with the Digital Media Rules, 2021, it added.

    The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 that into effect on 26 May recommend a three-tier mechanism for the regulation of all online media. Under the rules, the digital publishers are required to take urgent steps for appointing a grievance officer, if not done, and place all relevant details in the public domain. “They also need to constitute self-regulatory bodies through mutual consultation so that the grievances are addressed at the level of publishers or the self-regulating bodies themselves,” the ministry said. More than 500 publishers have already submitted their details in the requisite format, it added. 

    The News Broadcasters Association (NBA) which had earlier sought exemption from the new IT rules, issued a statement on Friday stating that all current and prospective members have fully complied with the requirements of new rules.
     

  • MIB appoints former journalist Kanchan Gupta as senior adviser

    New Delhi : The union ministry of information and broadcasting has appointed former journalist Kanchan Gupta as a senior advisor for a period of one year.

    Prasar Bharati CEO Shashi Shekhar shared the announcement on Twitter, congratulating Gupta.

    Earlier this year, Gupta was made a member of the Netaji Subhas Chandra Bose 125th Birth Anniversary Commemoration High Level Committee, which is headed by prime minister Narendra Modi. He has also been the chairperson of the Kolkata based Raja Rammohun Roy Library Foundation.

    A senior journalist with over three decades of experience, Gupta started his career with The Telegraph in 1982 and went on to work with The Statesman and The Pioneer. He mostly wrote on national and regional politics, international affairs and security issues.

  • Making all efforts to comply with new IT media guidelines, says Twitter

     New Delhi : US tech giant Twitter on Monday said that it has assured the government that it is making every effort to comply with the new IT media guidelines. The microblogging site said it has already shared an overview of the progress with the government.

    A Twitter spokesperson said that the company has been and remains deeply committed to India and serving the vital public conversation taking place on the service and will continue its constructive dialogue with the Indian government, reported ANI.

    “We will continue our constructive dialogue with the Indian government,” the spokesperson added. According to media reports, Twitter has sought more time in wake of the pandemic situation in the country.

    Union ministry of electronics and information technology (MeitY) had on Saturday issued ‘one last notice’ to Twitter Inc asking it to immediately comply with the new IT rules, failing which it could face stern action and lose exemption from liability under section 79 of the IT Act, 2000.

    According to the ministry, the US company has not informed about the details of the chief compliance officer. The resident grievance officer and nodal contact person nominated was not an employee of Twitter Inc in India, as required by rules. Furthermore, the office address of Twitter Inc shared by the company was that of a law firm in India, which was also not as per rules.

    The new IT (Guidelines for Intermediaries and Digital Media Ethics Code) rules, 2021 came into effect on 26 May, but Twitter has refused to comply with the provisions of these Rules, the government said.

    The rules recommend a three-tier mechanism for regulation of all online media. As per the rules, each significant social media intermediary is required to appoint a chief compliance officer, a nodal contact person for 24×7 coordination with law enforcement agencies and a resident grievance officer. All three should be resident Indians.

    Meanwhile, Facebook on Monday named Spoorthi Priya as its chief grievance officer on it’s website and shared her email ID. Google and WhatsApp have already shared the details of their chief grievance officers as per the rules.

    India is a major market for global digital platforms. As per data shared by the government, India has 53 crore WhatsApp users, 41 crore Facebook subscribers, 21 crore Instagram clients, while 1.75 crore account holders are on Twitter.

  • MIB asks GECs to promote Covid helplines

    Mumbai: The union ministry of information and broadcasting (I&B) asked general entertainment channels (GECs) to promote six central government Covid helpline numbers. The country is battling with its worst-ever health crisis, with over 2,500 people succumbing to the infection daily.

    “The private general entertainment (non-news) TV channels are advised to promote awareness of these six national level helpline numbers by way of a ticker or such (other) appropriate ways as they may consider, at periodical intervals,” the I&B ministry said in its recent advisory.

    It has asked channels to promote national helpline numbers that include the union ministry for health and family welfare (1075), women and child development ministry (1098), and the national institute of mental health and neuro-sciences for psychological support (08046110007).

    Apart from these three major helplines,it has also sought to promote other helpline numbers that include, the AYUSH COVID-19 counselling number (14443), the MyGovWhatsApp help desk (9013151515), and that of the union ministry of social justice and empowerment for senior citizens (14567).

    In its advisory, the I&B ministry noted that the second wave of the coronavirus in India was showing signs of slowing down, even as the number of fresh cases was still on the higher side. On Friday, the country recorded as many as 1,34,000 new cases. The advisory also lauded private channels for complementing government efforts to fight the Covid pandemic by creating awareness regarding the infection.