Evaluate the case for implementing a co-regulatory model for social media content moderation.

There has been significant discussion about the regulation of social media and other digital platforms, and the matter continues to be discussed as regulatory authorities, social media firms, and users make headlines on a regular basis.

Social media networks monitor user content on their websites on a regular basis. They delete, prioritize, or suspend user accounts that violate their platforms’ terms and conditions.

Existing laws:

• The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 require platforms to set up a grievance redressal procedure in order to settle customer concerns within certain timeframes. 
• The government recently revised these Rules and created Grievance Appellate Committees (GACs). 
• GACs, which have government appointees, will now sit in appeals over the platforms’ grievance redressal judgments. 
• This, like Section 69A of the IT Act, represents the government tightening its grip on online speech.

Challenges with government control:

• The government’s current restriction on internet communication is unsustainable in the current online context. 
• Millions of people today utilize social media.
• Platforms have democratized public involvement and influence public debate.
• So, the fundamental liberties guaranteed by democracy are significantly impacted by these massive social media platforms. 
• Additionally, as the Internet’s influence grows, so do its potential drawbacks. 
• Today’s internet contains a greater amount of hazardous and unlawful information.

Need for co-regulation:

• Platforms will continue to have a considerable amount of autonomy over their terms of service. 
• Co-regulation will allow them to establish the growing criteria of harmful material, removing the need for stringent government restrictions. 
• Since government monitoring encourages platforms to practice private filtering, this will support free expression online. 
• Co-regulation harmonizes platform and governmental interests. In order to provide its users with a free and secure experience, online platforms themselves work to advance free expression and security. 
• By putting in place co-regulatory mechanisms, the government can delegate the control of online content to organizations that are better suited to handle the challenges of current content moderation.

Way forward:

The 2021 Rules are a step in the right direction that may open the door for a more comprehensive intermediary regulation. GACs should be abolished because they concentrate censorship powers in the hands of the government. 

As a replacement for the IT Act of 2000, “A Digital India Act” for digital platforms is urgently needed. This is the ideal time for the government to adopt a co-regulatory model of speech regulation of online speech.