Even as people try to decode the new norms for social media and OTT platforms, and publishers of digital news unveiled last Thursday, the Indian government allayed some doubts that have been raised regarding administration’s powers to block and take down objectionable content in case of emergency.

Pointing out that certain misgivings were being raised regarding Rule 16 under Part III of the rules, which mention that in a case of emergency nature, interim blocking directions may be issued by the Ministry of Information and Broadcasting secretary, the government on Saturday said it was “not a new provision”.

The government statement actually pointed out that this particular provision existed in the IT Act for the last 11 years since 2009.

According to the government, this particular power was earlier exercised by secretary, Ministry of Electronics and IT under the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009.

Since certain amendments in the business rules were carried out on February 25, 2021, this “provision has only been replaced with Secretary, Ministry of I&B because Part III of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 would be administered by the Ministry of Information & Broadcasting”, it has been clarified.

“It is reiterated – no change in provision has been made nor any new provision has been added on blocking of content under Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021,” the statement concluded.

So what are the norms that’s been alluded to by critics?

In the section where content blocking norms have been spelt out, the new guidelines say, “Notwithstanding anything contained in rules 14 and 15, the Authorised Officer, in any case of emergency nature, for which no delay is acceptable, shall examine the relevant content and consider whether it is within the grounds referred to in sub-section (1) of section 69A of the Act and it is necessary or expedient and justifiable to block such information or part thereof and submit a specific recommendation in writing to the Secretary, Ministry of Information and Broadcasting.

“In case of emergency nature, the Secretary, Ministry of Information and Broadcasting may, if he is satisfied that it is necessary or expedient and justifiable for blocking for public access of any information or part thereof through any computer resource and after recording reasons in writing, as an interim measure issue such directions as he may consider necessary to such identified or identifiable persons, publishers or intermediary in control of such computer resource hosting such information or part thereof without giving him an opportunity of hearing.”

In essence, `secretary, Meity’ was replaced with `secretary MIB’ as the content part is now overseen by MIB.