This article discusses the Self-Regulating Grievance Mechanism by Publisher at Level II within the purview of Chapter III, Rule 12 of the IT Rules, 2021.

Introduction

Chapter III, Rule 12 states the requirement to establish one or more self-regulating bodies constituted by publishers or their associations.

The second stage, i.e., the self-regulation grievance mechanism by the publisher at level II, is the self-regulation of the first stage[1] of this three-tier grievance mechanism.

[1]Self-regulation by the publishers: A Grievance Redressal Officer who shall be a citizen of India shall be appointed by the publisher and will be responsible for the redressal of grievances. The publisher is required to display such details pertaining to grievances redressal mechanism on the platform, interface or website along with the details of the Grievance Redressal Officer’s name and contact information.

These bodies are required to be registered with the Ministry of Information and Broadcasting. The purpose of this body is to keep a check on the publisher that he conforms to the Code of Ethics given in the Appendix of the IT Rules, 2021, resolve complaints and grievances that have not been settled by the publisher in a matter of 15 days and hear appeals against the publisher’s decision lodged by the complainants. Now, we shall discuss Rule 12 in detail.

Self-Regulating Grievance Mechanism by Publisher at Level II

The grievance mechanism at level II states that publishers may have one or more independent self-regulatory bodies. The second stage is the self-regulation of the first stage of the mechanism, and such a body shall be constituted by publishers or their associations.

Such a body is required to be headed by a retired judge of the Top Court, i.e., the Supreme Court, High Court, or an independent eminent person who may be from the field of media, broadcasting, child rights, human rights, or any such other relevant field. Apart from the head of such a body, there shall be no more than six other members, experts from the fields discussed above.

IT Rules 2021, Chapter III, Rule 12 (2)

After the body has been constituted, such a self-regulating body is required to register itself with the Ministry of Information and Broadcasting within thirty days from the date of notification of these rules. If a self-regulatory body has been constituted after such a date, it is supposed to get itself registered within thirty days of its constitution.

The functions of such a body are listed below:

• Such a self-regulatory body will function as a watchdog and will ensure that the publishers always function in adherence to the Code of Ethics. According to the IT Rules 2021, the self-regulatory body is supposed to make sure that the publishers do not lose track of these Code of Ethics.
• Such a body will provide guidance to the publishers on various aspects of the Code of Ethics within the purview of the IT Rules. This body plays a vital role in keeping the publishers informed of the Code of Ethics and ensuring the publishers’ alignment to the same.
• In case of any grievances or complaints are pending and have not been resolved by the publishers within a period of fifteen days, then such a body will notify the publisher of such complaints or grievances and address the same to the publisher.
• A self-regulatory body will hear appeals filed by the complainants against the actions and decisions of the publishers. In case the publisher does not comply with the Code of Ethics and publishes something which is against the Codes, then such a body is responsible for hearing any appeals against the decision of the publisher.
• In case of infringement of Rule 12, Sub-Rule 4 of the IT Rules by the publisher, such a body is supposed to warn and reprimand the publisher to not repeat the action again in the future. In such a case of infringement of the rule, the self-regulating body will provide guidance to the publisher on how to avoid such an action in the future. The body will also expect an apology from the publisher for the inconvenience caused to the complainant. In order to avoid such an action again, such a body will require the publisher to include a warning or disclaimer stating viewer discretion advised prior to he publishes his content.

In the case of online curated content, such a body is responsible for directing the publisher to reclassify the rating of the content as required and make appropriate changes in the age rating of the content.

IT Rules 2021, Chapter III, Rule 12 (5)

In case such a situation arises where the content is required to be modified or deleted on the grounds of the possibility of disruption of public order, then such content is supposed to be referred to the Ministry to take appropriate actions as per Rule 13 of IT Rules.

In case of any content where it is satisfied that there is a need for taking action to delete or modify the content for preventing incitement to the commission of a cognizable offence relating to public order, or in relation to the reasons enumerated in sub-section (1) of section 69A of the Act, refer such content to the Ministry for consideration by the Oversight Mechanism referred to in rule 13 for appropriate action.

If it is found by the self-regulating body that there was no violation of the Code of Ethics by the publisher, it is responsible for informing the same to the complainant. The body is required to convey such a decision to the complainant that the publisher did not violate the Code of Ethics while publishing content.

If the publisher fails to comply with the guidance and warnings or reprimands of the self-regulatory bodies within the time period specified in the Rules, then the body shall refer to Rule 13 of the IT Rules, i.e., the Oversight Mechanism, which happens to be the third stage of the three-tier grievance mechanism.

 IT Rules 2021, Chapter IV, Rule 13

Conclusion

Level II of the three-tier grievance mechanism states a number of robust rules to keep the publisher informed of rules to publish content in adherence to the Code of Ethics and establishment of bodies that shall monitor the publisher’s actions at all times.

Rule 12 of the IT Rules 2021 deals with the establishment of a self-regulation body by the publisher, which shall perform various functions such as providing guidance to the publisher on various aspects of the Code of Ethics and directing the publisher to adhere to the same at all times.

This body will act as a watchdog and will monitor all the actions and decisions of the publishers. Such a body shall also be responsible for hearing complaints and grievances by the complainants if such complaints have not been resolved by the publisher within the given time period and addressing the same to the publisher in order to prevent such situation from arising again in the future by issuing a firm warning to the publisher.

The body shall advise the publisher to make certain changes in the age classification, modify content, change disclaimer, as the case may be, and if the publisher fails to conform to the Code of Ethics, then the body may refer to Rule 13, i.e., Oversight Mechanism.

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