New IT Rules: MIB rules out exemption for traditional news media with digital presence

Following some leading news industry bodies, including NBA, NBF and INS, writing to the Ministry of Information & Broadcasting (MIB) seeking exemption and exclusion of traditional television news media and its extended presence on Digital News Platforms from the ambit of the Information Technology (Intermediary Guidelines and Digital Media Ethics Codes) Rules, 2021, the MIB has issued a detailed clarifying its stance. The MIB made it clear that no such exemption and exclusion will be made in the new IT Rules 2021. The Ministry also said that no further extensions would be given for furnishing of information under Rule 18 of the new IT Rules, 2021. MIB had already given a 15-days’ extension which ended on June 10, 2021.

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In its letter to Digital news publishers, Publishers of online curated content (OTT platforms), and Associations of digital media publishers, the MIB stated, “The rationale for including the digital news portals/ websites of the organisations having traditional news platforms under the ambit of the Digital Media Rules, 2021 is well reasoned. Making any exception of the nature proposed will be discriminatory to the digital news publishers who do not have a traditional TV/print platform. As already mentioned, since the Code of Ethics requires such digital platforms to follow the existing norms/ content regulations which are in vogue for the traditional print and TV media, there is no additional regulatory burden for such entities. Accordingly, the request for exempting the digital news content of such organisations from the ambit of the Digital Media Rules, 2021, cannot be acceded to.”

The Ministry recognised that entities having traditional TV and print media are already registered/ enrolled with the Government of India either under the Press and Registration of Books Act (by the Registrar of Newspapers for India) or under the Uplinking and Downlinking Guidelines of 2011 of Ministry of Information and Broadcasting. Hence, while notifying the forms for furnishing information by the digital news publishers, a distinction has been made between organisations having traditional news media and other digital news publishers, and for the former, the information sought is bare minimum. As claimed by the aforementioned entities, the digital version/ digital publication of the organisations having traditional news platforms (TV and Print) may be following internal guidelines of the self-regulating bodies.

“Accordingly, if the organisations so desire, they can request the same self- regulatory bodies to serve as the Level II of the self-regulatory mechanism, after ensuring consistency with the Digital Media Rules, 2021,” MIB further stated.

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While addressing concerns relating to increased compliance burden on publishers, excessive Governmental control by way of emergency powers (under Rule 16), the oversight mechanism (under Rule 13) through the Inter-Departmental Committee, and the prescription relating to the composition of the self-regulating body and its registration by the Government, the MIB pointed out that the Rules have been framed under the Information Technology Act, 2000, taking into account the various legal aspects and are consistent with the provisions of the Act.

The Ministry further said, “On the issue of increased compliance burden due to the stipulation of a 3-Tier regulatory mechanism, it may be mentioned that Level I requires a simple mechanism for a digital publisher to redress the grievances relating to the Code of Ethics within a certain time frame. This is considered appropriate from the view point of providing a forum for citizens who may have certain grievances relating to Code of Ethics. However, the publisher can at its level decide whether or not such grievance is in fact a violation of Code of Ethics and convey the same to the complainant. It may also be made clear that rules explicitly mention that only grievances on content relating to Code of Ethics (and not of any other nature) need be addressed.”

While addressing the concerns regarding excessive compliance burden for attending to a large number of grievances within a timeframe of 15 days, especially for the small and medium size publishes, the MIB said that, “till date the Government has not received any representation from any particular digital news publisher citing the exact number of grievances received by it relating to the Code of Ethics and the difficulty faced by it in the redressal of grievances. In case such a representation is brought before the Ministry, the matter would be considered appropriately”.

Live news feeds on OTT

As reported earlier, several apprehensions had been raised relating to perceived reluctance of OTT platforms in hosting news feed of digital news publishers on their platform on the pretext that the content contained therein would be the regulatory responsibility of the hosting OTT platform under the Digital Media Rules, 2021. In this regard, the Ministry clarified: “‘Online curated content’ is defined under clause (q) of rule 2 of the Digital Media Rules, 2021, which specifically excludes “news and current affairs content”. When any news and current affairs content of a digital news publisher is transmitted on an OTT platform, such content would be outside the regulatory responsibility of that platform. However, if any OTT platform receives a grievance related to such news and current affairs content, it may transfer the same to the concerned publisher of that content. Accordingly, there should not be any apprehension on this count either to the digital news publishers or to the OTT platforms.”