The Ministry of Electronics and Information Technology launched the Grievance Appellate Committee (GAC) portal under the IT Rules, 2021
What is the Grievance Appellate Committee (GAC) Portal?
- The GAC deals with the appeals of users (Digital Nagriks) aggrieved by decisions of Grievance Officers of social media intermediaries and other intermediaries on complaints of users or victims against violation of the IT Rules and any other matters pertaining to the computer resources made available by the intermediaries.
- The GAC Portal will be a virtual digital platform that will operate online – wherein the entire appeal process, from the filing of an appeal to the decision thereof, shall be conducted digitally.
- It is developed by the National Informatics Centre (NIC).
- It will allow people to be heard by one of three Committees constituted by the government.
- The new portal lists out detailed FAQs for the convenience of users.
Key Features of the GAC Portal
- The appellants can track the status of their appeal through the Appellant Login window.
- GAC will upload its order on the portal, and the appellant will receive notification of the same by SMS and email
- The Committee will try to respond to the user’s appeal within 30 days.
- Within 24 hours of receiving the complaint, this official is required to acknowledge it and offer a resolution within 15 days.
- It is required that complaints connected to crimes against women be handled within 24 hours in specific situations.
The Grievance Appellate Committee (GAC)
- In January 2023, the Centre announced the establishment of three GACs based on the recently amended Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
- The GAC is an online dispute resolution mechanism. The entire appeal process, from filing to a decision, is in digital mode.
- GAC will look into user complaints regarding unsatisfactory grievance redressal by social media intermediaries.
- Three such bodies have been constituted of professionals from various fields.
- Each GAC will comprise three government-appointed, full-time members, including a chairperson.
- GAC’s decisions will be binding on the intermediary.
IT Rules, 2021
- The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, was notified by the Central government, relates to digital news publishers, including websites, portals and YouTube news channels, and Over The Top (OTT) platforms
- It is jointly administered by the Ministry of Electronics and IT, and the Ministry of Information and Broadcasting.
- The Rules provide for a code of ethics to be followed by digital news publishers and OTT platforms; A three-tier grievance redress mechanism, which includes:
- Self-regulation by publishers at the first level
- Self-regulation by Self-regulating bodies of the publishers
- An oversight mechanism by the Central government
Key Features of the IT Rules, 2021
- Social media intermediaries, with registered users in India above a notified threshold, have been classified as significant social media intermediaries.
- They are required to appoint certain personnel for compliance, identification of the first originator of the information on its platform, and identify certain types of content.
- They need to appoint a Nodal Contact Person for 24×7 coordination with law enforcement agencies. Such a person shall be a resident of India.
- Appoint a Resident Grievance Officer who shall perform the functions mentioned under the Grievance Redressal Mechanism. Such a person shall be a resident of India.
- Publish a monthly compliance report mentioning the details of complaints received and action taken on the complaints.
- The Rules prescribe a framework for the regulation of content by online publishers of news and current affairs content and audio-visual content.
- Social media intermediaries shall appoint a Grievance Officer to deal with complaints and share the name and contact details of such officers.
- Users who wish to verify their accounts voluntarily shall be provided with an appropriate mechanism to verify their accounts and provided with a demonstrable and visible mark of verification.
- Users must be provided with an adequate and reasonable opportunity to dispute the action taken by the intermediary.
- An intermediary upon receiving actual knowledge should not host or publish any information which is prohibited under any law concerning the interest of the sovereignty and integrity of India, public order, friendly relations with foreign countries etc.
- This Code of Ethics prescribes the guidelines to be followed by OTT platforms and online news and digital media entities.
- The OTT platforms would be required to self-classify the content into five age-based categories; U (Universal), U/A 7+, U/A 13+, U/A 16+, and A (Adult).
Why the Grievance Appellate Committee (GAC) Matters
The Grievance Appellate Committee plays a crucial role in enhancing accountability among digital platforms. By providing a transparent and accessible platform for users to voice concerns, the GAC ensures that digital platforms adhere to fair grievance redressal practices and comply with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
This initiative fosters a safer and more accountable online environment, ensuring that user complaints are addressed promptly and effectively.
With the introduction of the Grievance Appellate Committee (GAC), India is making significant strides in regulating digital platforms and ensuring user grievances are given due attention. The GAC portal empowers users with a straightforward way to seek redressal, ensuring fairness and transparency in the digital space.
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