With the aim to bring in significant changes to the grievance redressal mechanism in the country, the Union government on Friday notified amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules of 2021.
Consequently, it has published the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2022 in the official gazette. The amendment, by way of newly introduced Rule 3A, provides for setting up of Grievance Appellate Committee (Committee).
“The Central Government shall, by notification, establish one or more Grievance Appellate Committees within three months from the date of commencement of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2022,” Rule 3A says.
As per Rule 3A (2), each Grievance Appellate Committee shall consist of a chairperson and two whole time members appointed by the Central Government, of which one shall be a member ex-officio and two shall be independent members.
A party aggrieved by a decision of the Grievance Officer may prefer an appeal to the Committee within a period of thirty days from the date of receipt of communication from the Grievance Officer.
The Rules also provide that while dealing with appeal, if the Committee feels necessary, it may seek assistance from any person having requisite qualification, experience and expertise in the subject matter.
The new amendment further mentions that, Committee shall adopt an online dispute resolution mechanism wherein the entire appeal process, from filing of appeal to the decision would be conducted through digital mode.
All the orders passed by the Committee should be complied with by the intermediary concerned and a report to that effect shall be uploaded on its website.
The amended Rules also put the responsibility on social media intermediaries to ensure that users comply with due diligence requirements laid down under the IT Rules, 2021.