Centre weighs appeal panel against social media takedown

It sets a deadline of 30 days for appeals against decisions by company grievance officers

The Centre has proposed to constitute grievance appellate panels to take a final decision on social media takedowns, according to a draft amendment to the Information Technology Rules released on Thursday.

The government has decided to revise Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 for this purpose.

As per the proposal, the task of the Grievance Appellate Committee is to deal with appeals by users against the decision of the Grievance Officer on social media platforms like Facebook, Twitter or YouTube.

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“The Central Government shall constitute one or more Grievance Appellate Committees, which shall consist of a Chairperson and such other Members, as the Central Government may, by notification in the Official Gazette, appoint,” said the draft proposals.

The draft also said that those dissatisfied with the action taken against content and/or accounts by intermediaries may appeal to the committees within 30 of the decision. The Grievance Appellate Committee have to dispose of the appeal within 30.

The Ministry has sought feedback from stakeholders for the new proposals.

The proposed move assumes significance against the backdrop of instances of accounts, including that of celebrities, being blocked by social media platforms such as Twitter for alleged violation of respective community guidelines.

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The draft said that the order passed by the Grievance Appellate Committee should be complied with by the concerned intermediary. If the social media companies failed to follow the directions of the panels, such companies may lose safe harbour or immunity from prosecution provided to them under Section 79 of the Information Technology Act, the draft says.

According to the government, the new rules are aimed at regulating social media content, making such platforms more accountable.

When the Ministry framed IT rules in February 2021, the social media companies were mandated to appoint grievance redressal officers to hear complaints and respond within 15 days.

"Earlier there was no system to appeal the decision further. However, as per the new proposal, an “aggrieved person” can reach out to the concerned panel," said an official in the IT Ministry.

Social Media companies shall respect the rights accorded to the citizens under the Constitution of India, said the proposal.

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Commenting on the proposal, Apar Gupta, executive director of the Internet Freedom Foundation, said rather than curing defects highlighted by courts, the proposed changes will increase direct government control over social media platforms.

"Safe harbour protection made contingent on determinations by a "Grievance Appellate Committee" appointed by the Central Government. Created without statutory support and reporting to a Union Ministry. Zero independence. Censorship & hate speech will balloon at the same time," Gupta tweeted.

The rules for social media companies came into effect on May 26, 2021. It mandated large social media platforms like Facebook and Twitter to enable the identification of the ‘first originator’ of the information that undermines the sovereignty of India, the security of the state, or public order.

Under the rules, significant social media intermediaries are required to appoint a grievance officer, a nodal officer and a chief compliance officer. This personnel have to be residents in India.