India Tightens Regulations for Facebook, Twitter, and WhatsApp

India Implements New Regulations for Social Media and Digital News

On Thursday, India unveiled comprehensive regulations designed to govern social media platforms, streaming services, and digital news publishers. These new rules present significant challenges for major companies like Facebook, Twitter, Google, and Netflix, all of which view India – Asia’s third-largest economy – as a crucial international market.

Takedown Requests and Grievance Redressal

Ravi Shankar Prasad, India’s Minister of IT, Law, and Justice, announced during a press conference that social media companies are now obligated to acknowledge requests for the removal of unlawful, misleading, or violent content within 24 hours. Complete resolution of these requests must be provided within a 15-day timeframe.

For particularly sensitive content, such as explicit material, firms are required to remove it within 24 hours of notification.

Compliance Officer Requirements and Local Presence

These companies will also be mandated to designate compliance, nodal contact, and resident grievance officers. Their names and contact information will be shared with authorities in New Delhi to facilitate effective handling of local concerns.

Establishing a physical local office within India is also a requirement under the new regulations.

Background and Recent Events

These regulations, which have been under development since 2018, were prompted in part by Twitter’s recent refusal to fully comply with certain directives from New Delhi during farmer protests. The government asserted that Twitter should not act as both a judge and justify its non-compliance.

Originator Disclosure and Monthly Reports

Prasad stated that social media firms will be required to identify the original source of objectionable content. The focus is on identifying the first individual to disseminate misinformation or harmful material, not the content itself.

WhatsApp has previously expressed concerns about complying with such traceability requests, citing potential compromises to end-to-end encryption security.

Furthermore, firms must publish monthly compliance reports detailing the number of requests received and the actions taken in response.

Account Verification and Implementation Timeline

A voluntary account verification option will also be offered to users. The new rules supersede the existing legislation from 2011.

The regulations take effect immediately for smaller firms, while “significant” services will have three months to comply following the official notification date, which Prasad indicated would be “very soon.”

Addressing Citizen Concerns and Expanding Scope

Prasad emphasized that these guidelines are a response to long-standing requests from Indian citizens for a mechanism to address grievances. India has been working on intermediary legislation since 2018, and its scope has been expanded to include streaming services and online news publications in the past year.

The final draft of the regulations is available for review here.

Accountability and Economic Considerations

“India is the world’s largest open Internet society, and the Government welcomes social media companies to operate and profit within India,” Prasad stated. “However, they must be accountable to the Constitution and laws of India.”

A Key Market and Increasing Regulation

Over the past decade, India has become a crucial market for American and Chinese tech companies like Google and Facebook, as they sought to reach the next billion users. However, Prime Minister Narendra Modi’s government has recently implemented or proposed several regulations impacting these firms.

Last year, India banned over 200 Chinese apps, including TikTok, citing cybersecurity concerns.

User Statistics in India

Prasad revealed that WhatsApp has 530 million users in India, its largest market. YouTube boasts 448 million users, Facebook has 410 million, Instagram has 210 million, and Twitter has 17.5 million users within the country.

Initial Reactions

Facebook stated it is currently reviewing the new rules. Netflix declined to provide a comment.

Concerns Regarding Censorship and Privacy

Raman Jit Singh Chima, Asia Pacific Policy Director at Access Now, expressed concerns that the new rules could “encourage internet platforms to over-censor content, require dangerous unproven AI-based content regulation tools, retain vast amounts of user data for handing over to the government, and undermine end-to-end encryption crucial for cybersecurity and individual privacy.”

Streaming Services and Content Classification

The regulations for streaming platforms establish a three-tier structure for adherence to a code of conduct. Previously, services like Netflix, Disney+ Hotstar, and MX Player operated in India with minimal content censorship.

New Delhi has designated the broadcasting ministry, which regulates television content, to oversee digital streaming platforms as well.

In response, 17 streaming firms collaborated last year to develop a self-regulation code. However, Prakash Javadekar, Minister of Information and Broadcasting, deemed the industry’s proposed solution inadequate and announced a government oversight mechanism to ensure full compliance.

Content Rating and Parental Controls

Streaming services will be required to assign content ratings to their titles, categorized into five age-based levels: U (Universal), U/A 7+, U/A 13+, U/A 16+, and A (Adult). Parental locks will be mandatory for content rated U/A 13+ or higher, and reliable age verification will be required for “A” rated content.

“The publisher of online curated content shall prominently display the classification rating specific to each content or programme together with a content descriptor informing the user about the nature of the content, and advising on viewer description (if applicable) at the beginning of every programme enabling the user to make an informed decision, prior to watching the programme.”

Industry Concerns and Lack of Consultation

Industry executives have voiced concerns that New Delhi did not consult with them during the development of these changes. IAMAI, a prominent industry body representing most on-demand streaming services in India, expressed its “dismay” and requested a dialogue with the government.

Government Response to Consultation Requests

During the press conference, Javadekar and Prasad were asked about potential consultations with the industry. The ministers stated that they had already received sufficient input.

Global Trend of Tech Regulation

India’s move aligns with a global trend of governments scrutinizing the impact of technology firms on citizens and local industries. Facebook recently reached an agreement with the Australian government to restore news pages after a dispute over payments to news publishers.

Australian Prime Minister Scott Morrison contacted Modi to discuss preventing social media companies from “bullying” governments.

Australia’s Situation and India’s Position

When asked about Australia’s situation, Javadekar indicated it was not an appropriate topic for discussion at that time.

Correction: A previous version of this article incorrectly stated that the new rules also require media houses to disclose their ownership and reach. We apologize for this error.