Under the new amendments, the Centre is bound by the law to establish one or more grievance appellate panels within three months from the date of commencement of the new norms
Appellate committees will comprise a chairperson and two whole-time members
The union government said that a user could be de-platformed only in instances which pertain to the interest of the sovereignty, security, and integrity of India, or if the content is unlawful in nature
In a first, the union government has reportedly informed the Delhi High Court that it will set up an appellate panel to address grievances of users related to the content posted on social media platforms.
This has come close on the heels of the amendments to the new IT Rules, 2021, which mandate setting up of panels to address issues related to the social media sites.
While hearing of a clutch of pleas pertaining to the suspension and deletion of several social media profiles, Justice Yashwant Varma has set February 6 as the next date of hearing.
Under the new amendments, the Centre is bound by the law to establish one or more grievance appellate panels within three months from the date of commencement of the new norms. The new amendments were notified on October 28.
This comes months after the HC granted time to the union government to specify whether it was formulating any legislation to govern de-platforming of users from social media platforms.
In one of the cases, the centre argued that the social media platforms cannot be the arbitrators of free speech, adding that de-platforming was against the spirit of the Constitution of India. It also noted that social media platforms ought to ‘respect the fundamental rights of the citizens’ and conform to the local laws.
In the same breath, the union government added that a user could be de-platformed only in instances which pertain to the interest of the sovereignty, security, and integrity of India or if the content is unlawful in nature.
New Amendments Spark Debate
At the centre of the debate are the contentious appellate committees, which will comprise a chairperson and two whole-time members. Of these, one will be an ex-officio member, while the remaining two shall be independent members.
The panel will empower any person aggrieved by the content moderation policies of social media platforms to approach the committee and file an appeal. The new amendments also set a time frame under which such requests have to be settled and the due process of resolution.
The entire process of dispute resolution will be online and conducted digitally. Under the new regulations, social media platforms have to comply with the orders of the platform and upload a compliance report for the same on their websites.
Meanwhile, digital advocacy group Internet Freedom Foundation has called such bodies a ‘government appointed censorship body’, saying that the amendments could ‘incentivise intermediaries to suppress any speech unpalatable to the government.’
Civil society activists have also criticised the government over the new norms. With a slew of other major internet-specific regulations in the making, it remains to be seen how the government manoeuvres the legislative landscape and ensures that all issues related to the prospective committees are addressed properly.
