Every ministry, department and other attached government organisations will now have a dedicated nodal officer, who will be the sole authority to identify digital news media and OTT content that might be “unlawful” and flag them to the information and broadcasting (I&B) ministry for blocking under the intermediary and digital media rules released last year, News18 has learnt.
The I&B ministry, in a letter to all ministries and departments a few weeks ago, said they should nominate a nodal officer. This officer, it said, will be responsible for sending requests to the ministry regarding blocking of content published or transmitted by digital news publishers and those streamed by over-the-top (OTT) or streaming platforms, which might be related to content described under section 69A of the Information Technology (IT) Act, 2000. The letter has been accessed by News18.
What the rules say
Section 69A of the IT Act allows blocking of content by the central government in the interest of sovereignty and integrity of India, defence of India, security of the State, friendly relations with foreign States or public order, or for preventing incitement to the commission of any cognisable offence relating to above.
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, empowers the I&B ministry to administer blocking of content published by digital news media as well as OTT platforms.
The rules state that the ministry can initiate blocking of specific content in two ways. The first is on the recommendation of an interdepartmental committee and the second is under Rule 16 of the IT Rules, in case of an emergency, by the I&B secretary.
In the first instance, the blocking of specific content from an online news website or taking it off a video streaming platform is applicable only in case a grievance remains unresolved in the first two tiers of a three-tier grievance redressal mechanism—the first is at the level of the publisher and the second is an appellate tier of self-regulatory body.
Last month, the I&B ministry had issued directions for blocking 35 YouTube channels, two Twitter and two Instagram accounts, two websites and one Facebook account, under emergency provisions of the new digital media rules. These channels were operating from Pakistan and were spreading anti-India and fake content.
While the government is finalising a standard operating procedure (SOP) to provide greater clarity on various aspects of the IT Rules of 2021—including which agencies or bodies will have the powers to issue a takedown notice to a company—the appointment of a nodal officer designated towards this purpose clears some air on the person who can officially flag content, in contravention of laws of the land, for takedown.
Similar mechanism as IT Blocking Rules, 2009
Before the new IT Rules came into place, what existed was the procedure for blocking of content under the IT (Procedure and Safeguards for Blocking of Access of Information by the Public) Rules, 2009. This procedure was laid down by the central government for the implementation of section 69A of the IT Act.
The provisions of blocking digital news content or those streamed by an OTT platform under the new IT Rules borrows heavily from the existing Blocking Rules, 2009.
In its letter, the I&B ministry said that ministries, departments and various state governments had already designated nodal officers who flagged unlawful internet content to the ministry of electronics and information technology (MeiTY) for blocking under the Blocking Rules, 2009. It said a similar institutional mechanism will be established for the nominated nodal officers under the new IT Rules.
It suggested that the same nodal officer who was already nominated under the provisions of Blocking Rules, 2009, can be nominated to send “blocking” requests to the I&B ministry as well, under the new digital media rules.
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