In this article, we will know more about the list of persons and entities to follow the code of ethics i.e. rule 8 of the IT Rules & rules and regulations that a publisher from India or a publisher whose content is available in India should follow. 
Introduction
Over the last decade, there has been a massive proliferation of internet facilities across the country. The relatively unregulated sector and the ‘Digital India’ program have made the digital economy accessible to nearly everyone.
As a natural result of this and the outbreak of the COVID-19 global pandemic, people from all walks of life took to social media platforms to share their thoughts, gather information, and be a part of the virtual world where no opinion went unheard, and no voice went unnoticed.
While there was an increase in the spread of ‘fake’ news due to a lack of censorship and built-in safeguards on social media platforms, which contributed to mob lynchings and riots, voices that spoke out against oppression were muzzled through heavy-handed internet shutdowns and police action. As the user base of social media platforms grew, so did dissatisfaction and concern about a lack of transparency and accountability regarding malicious content posted on digital platforms.
Some saw any attempt to limit the distribution of personal opinions on social media as an attack on the freedom of speech and the rights of users to freely share their thoughts and perspectives, both of which are guaranteed by the Indian Constitution.
We saw a global rise in digital media consumption simultaneously, as individuals turned to over-the-top platforms (“OTT Platforms”) for amusement from the comfort of their own homes since theaters and cinemas remained closed due to the pandemic.
Such increased scrutiny heightened concerns about the lack of content regulation, prompting filmmakers and civil society to emphasize the need for an institutional mechanism to oversee content distribution on OTT Platforms.
The Ministry of Electronics and Information Information Technology (“MEITY”) prepared the draft Information Technology Intermediary Guidelines (Amendment) Rules, 2018 to replace the existing Information Technology (Intermediary Guidelines) Rules, 2011 in response to the spread of fake news and misuse of social media platforms (“2011 Guidelines”).
Following public consultations and feedback on the draft, the Central Government enacted the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“2021 IT Rules”) to strengthen grievance redress mechanisms and create a harmonious “soft-touch” oversight mechanism in relation to digital media platforms, superseding the earlier 2011 Guidelines.
Furthermore, the 2021 IT Rules aim to bring digital media platforms into a regulatory framework similar to that used for print and television, resulting in a level playing field.
List of the Person and Entities to follow the Code of Ethics: IT Rules, 2021
The rules related to the code of ethics, procedure, and safeguards in relation to digital media made under part 3, Rule 8, IT Rules, 2021 shall apply to the following persons or entities, which are:
- Publishers of news and current affairs content
- Publishers of online curated content
Also, the rules of this part shall only apply to the publishers, where:
- Such Publishers operates in the territory of India
- Such Publisher systematically conducts business activity of making its content available in India
The IT Rules, 2021 establish a code of ethics, procedure, and safeguards for digital media publishers. These Rules apply to publishers of news and current affairs content and publishers of online curated content who operate in India or engage in systematic business activity of making their content available in India.
The IT Rules, 2021 define ‘news and current affairs content‘ as “newly received or noteworthy content, including analysis, especially about recent events primarily of socio-political, economic, or cultural nature, made available over the internet or computer networks, and any digital media shall be news and current affairs content where the context, substance, purpose, import, and meaning of such information is in the nature of a news and current affairs content.”
‘Online curated content’ is defined as “any curated catalog of audio-visual content, other than news and current affairs content, owned by, licensed to, or contracted to be transmitted by a publisher of online curated content and made available on-demand, including but not limited to through subscription, over the internet or computer networks, and includes films, audio visual programs, documentaries, television programs, serials, podcasts, and other such content.”
“An online paper, news portal, news aggregator, news agency, and any other entity called by whatever name, which is functionally similar to publishers of news and current affairs content, but shall not include newspapers, replica e-papers of the newspaper, and any individual or user who is not transmitting content in the course of systematic business, professional, or commercial activity,” according to the definition.
‘Publisher of online curated content’ is defined as “a publisher who, performing a significant role in determining the online curated content being made available, makes available to users a computer resource that enables such users to access online curated content over the internet or computer networks, and such other entity called by whatever name, which is functionally similar to publishers of online curated content but does not include any individual or user who is not a publisher of online curated content.“
The IT Rules, 2021 provide clarity on the scope of terms such as “digital media” and “news and current affairs,” which reduces the current uncertainty surrounding their definitions.
The absence of definitions for these terms has contributed to ambiguity in many areas of Indian law, including foreign exchange management laws in relation to Press Note 4 of 2019.
The IT Rules, 2021 address the ambiguities in the foreign direct investment policy.
However, the IT Act of 2000 does not apply to news media, so the IT Rules, 2021 do not appear to have any legislative backing to regulate news media. Furthermore, there are sufficient existing laws in India that determine reasonable restrictions on press freedom.
The definition of ‘news and current affairs content’ extends beyond socio-political issues to include economic and even cultural news. In contrast to the Australian News Media Bargaining Code, which focuses on issues of public importance, the net has been cast extremely wide.
Furthermore, by retaining news aggregators rather than original publishers as regulated entities, the government is clearly signaling that curation is a regulated activity in and of itself, in addition to journalistic reporting of news.
Code of Ethics for Publishers of News and Current Affairs
The 2021 IT Rules require news and current affairs publishers to follow the Press Council of India’s Norms of Journalistic Conduct, the Programme Code under the Cable Television and Networks Regulation Act, 1995.
Code of Ethics for Publishers of Online Curated Content
The IT Rules, 2021 prohibit online curated content publishers from transmitting, publishing, or displaying any content that is not permitted by any law or by any court of competent jurisdiction.
Publishers of curated online content must use caution and discretion when featuring the activities, beliefs, practices, or views of any racial or religious group.
Publishers of online curated content should categorize all content they transmit, publish, or display based on its suitability for viewers of various ages. The content should also be classified based on its context, theme, tone, impact, and target audience, as detailed in the schedule attached to the IT Rules, 2021 (“Schedule”).
Furthermore, publishers of online curated content should prominently display the rating of any online curated content, as well as an explanation of the relevant content descriptor.
Publishers should ensure the availability of access control mechanisms, such as a parental lock, to facilitate compliance with content age classification.
As per Rule 2(a) of the 2021 IT Rules, ‘access control mechanism’, means any measure, including a technical measure, through which access to online curated content may be restricted based on verification of the identity or age of a user
Any publisher who transmits, exhibits, or publishes content that is only appropriate for viewers over the age of 18 should implement a reliable age verification mechanism for such content viewership.
Rule 2(b) of the 2021 IT Rules
Publishers of online curated content must also make reasonable efforts to improve the accessibility of online curated content transmitted by them to people with disabilities by implementing appropriate access services. Though requiring publishers of online curated content to implement access control measures to restrict access to content unsuitable for a specific age group is a positive step toward protecting children from inappropriate content, it may be difficult for small-scale publishers to implement these measures.
Framework for regulation of the content of online publishers
Content in traditional media, such as print, television, film, and radio, is governed by specific laws and license agreements (in the case of TV and radio).
These regulations aim to ensure that community standards are reflected in easily accessible public content.
They also seek to limit access to certain content based on its age appropriateness and whether it may be considered illegal.
Because of the high costs of some of these operations and the requirements for certain licenses, their numbers are limited.
The internet has become a more mainstream medium for the publication of news and entertainment content in recent years.
“The Challenge of managing digital content”, International Telecommunications Union, August 23, 2017
The regulatory framework for content on digital media may differ from that of traditional media due to several challenges, including defining who a publisher is;
(I) individuals and businesses publishing online may not be regulated in the same way,
(ii) the volume of content to regulate, and
(iii) enforcement (cross-border nature of the internet means that publishers need not have a physical presence in India).
The IT Act 2021 Rules establish a framework for regulating content by online publishers of news and current affairs and curated audio-visual content (such as films, series, and podcasts). Certain issues with these Rules are addressed further below.
The 2021 Rules may go beyond the limits of the parent Act in terms of regulating internet publishers.
The framework includes norms and an oversight mechanism for the regulation of online publishers’ content. According to the central government’s press release on the 2021 Rules, online publishers are digital platforms governed by the IT Act. The IT Act aims to provide legal recognition for transactions conducted via electronic data interchange and other forms of electronic communication and facilitate electronic document filing.
Introduction to the Information Technology Act, 2000.
The Act criminalizes cybercrime, including the publication of specific content such as sexually explicit content, child sex abuse material, and content that violates the privacy of others.
Specific laws regulating publishers of news in print, television broadcast of news and audio-visual content, and films include the Press Council Act of 1978, the Press and Registration of Books Act of 1867, the Cable Television Networks (Regulation) Act of 1995, and the Cinematograph Act of 1952. (Similar content through other media).
The regulation of the content of these types of publishers addresses issues of press freedom and artistic expression. It may be questioned whether the IT Act contemplates regulation of online publishers and thus whether the 2021 Rules go beyond the scope of the Act in this regard.
Conclusion
The IT Rules, 2021 establish a code of ethics, procedure, and safeguards for digital media publishers. The IT Rules, 2021 provide clarity on the scope of terms such as “digital media” and “news and current affairs,” which reduces the current uncertainty surrounding their definitions.
The absence of definitions for these terms has contributed to ambiguity in many areas of Indian law, including foreign exchange management laws in relation to Press Note 4 of 2019.
The definition of ‘news and current affairs content’ extends beyond socio-political issues to include economic and even cultural news.
The IT Rules, 2021 prohibit online curated content publishers from transmitting, publishing, or displaying any content prohibited by any law or court of competent jurisdiction. Publishers should ensure the availability of access control mechanisms, such as a parental lock, to facilitate compliance with content age classification. Because of the high costs of some of these operations and the requirements for certain licenses, their numbers are limited.
The internet has become a more mainstream medium for the publication of news and entertainment content in recent years. The framework includes norms and an oversight mechanism for the regulation of online publishers’ content. The regulation of the content of these types of publishers addresses issues of press freedom and artistic expression.
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