Monday, May 20, 2024

What digital, social media intermediaries need to do now on

Compliance requirements for intermediaries

1. Prominently publish on website/mobile app the rules and regulations, privacy policy and user agreement for access or usage containing information as per rule

2. Send annual reminders to the users on the policies as per rule

3. Take down disputed content when notified by an appropriate court or a government agency as early as possible but not later than 36 hours

4. Archive the removed content and registration information for its evidentiary value for 180 days after the content is removed or account is closed

5. Appropriate information security measures shall be instituted as per Section 43A of ITA 2000/8

6. Provide information to law enforcement agency for investigative purpose within 72 hours

7. Shall not facilitate alteration of the normal course of operations

8.Report cybersecurity incidents to CERT-IN

9.Institute grievance redressal mechanism with acknowledgement within 24 hours and disposal within 15 days

Also Read: Supreme Court observes Centre’s new OTT guidelines silent on checking pornography

Additional compliance requirements for digital media companies and significant social media intermediaries

1.Appoint within three months a chief compliance officer, a resident of India

2. Appoint a nodal contact person for 24×7 coordination, also resident in India

3. Appoint a resident grievance officer

4. Publish monthly compliance report

5. Enable identification of the first originator of a message in India and provide when duly demanded by a competent authority under Section 69

6. Have a physical contact address in India

7. Enable voluntary verification for Indian users and display of such verification status

8. Ensure contact with the originator of the information before it is removed

9. Furnish information of the users of the publishing platform to the ministry as required

Also Read: Supreme Court issues SOP for hybrid physical hearing

10. Follow a code of ethics as prescribed

11. Develop Level I self-regulation

12. Participate in Level II regulation at industry level

13. Cooperate with the ministry in the oversight mechanism regarding directions for blocking, etc.

14. Create classification of content and display it along with the content

15. Enable age verification of the users as may be required

Read the related story: Policing digital media, OTT content


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