India is considering appeals panel against social media takedowns
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New Delhi: In what would be the first such move of its kind worldwide, India is considering whether to set up an appeals panel to hear grievances by social media users against operators' decisions to take down content, Reuters reported.
The revelation came in a document seeking comments on plans for changes to IT rules that took effect last year, and aim to regulate social media content, making firms such as Facebook (FB.O), YouTube (GOOGL.O), and Twitter (TWTR.N) more accountable.
The government has sought public feedback on the proposal.
"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.
It added those dissatisfied with the action taken against content and/or accounts by intermediaries may appeal to the committees within 30 of the decision.
The intermediaries are mandated to follow the directions of the panels, else they may lose safe harbour or immunity from prosecution provided to them under Section 79 of the Information Technology Act.
Under the information technology rules issued in February 2021, no such requirement was stipulated. The social media companies were mandated to appoint grievance redressal officers to hear complaints and respond within 15 days.
The proposed amendment says the intermediaries must "acknowledge the complaint, including suspension, removal or blocking of any user or user account or any complaint from its users in the nature of [a] request for [the] removal of information or communication link.. within twenty-four hours and dispose of such complaint within a period of fifteen days from the date of its receipt."
There was earlier no mechanism to appeal the decision further. Now, an "aggrieved person" can reach out to the concerned panel. Once the request is referred to the panel having jurisdiction in the matter, a decision has to be made within 30 days of receipt of communication from the grievance officer, which the intermediaries have to comply with.