(Legal Framework, Necessity, and Importance of Compliance)

1. What is Digital Media

Digital media refers to modern platforms through which news, information, opinions, videos, audio, and other content are disseminated to the public using the internet and digital technologies.

Digital media includes:

  • Digital news websites
  • Online news portals
  • YouTube channels (News & Current Affairs)
  • Social media–based news platforms
  • OTT / web platforms (News & Current Affairs category)

2. Why Digital Media is Necessary

Digital media has become a vital pillar of democracy in the modern era. Its importance lies in the following factors:

  1. Rapid dissemination of information – News reaches the public instantly
  2. Democratic role – Acts as a bridge between the government and citizens
  3. Wide reach at low cost
  4. Access to information in rural and remote areas
  5. Promotion of independent and alternative journalism

3. Laws Governing Digital Media – IT Rules 2021

The Government of India introduced the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

These rules aim to:

  • Regulate digital news media and OTT platforms
  • Prevent fake, misleading, and unlawful content
  • Ensure accountability and transparency in digital media

4. What is the Digital Media Ethics Code, 2021

The Digital Media Ethics Code, 2021 is an integral part of the IT Rules 2021 and lays down a Code of Ethics for digital journalism.

It applies to all digital platforms that:

  • Publish news and current affairs
  • Disseminate information to the public through digital means

5. Key Principles of the Digital Media Ethics Code

(a) Accuracy and Fairness

  • Publishing false, misleading, or unverified news is prohibited
  • Factual accuracy and impartial reporting are mandatory

(b) National Security and Sovereignty

  • Content against India’s sovereignty, integrity, or security is prohibited
  • Material promoting anti-national or foreign interests is not allowed

(c) Prohibition of Obscene and Offensive Content

  • Obscene, sexually explicit, or indecent content is banned
  • Strict protection of the dignity of women and children

(d) Social and Religious Harmony

  • Content promoting hatred based on religion, caste, or community is prohibited
  • Incitement to violence or public disorder is forbidden

(e) Privacy and Human Dignity

  • Publishing personal or private information without consent is prohibited
  • Disclosure of identities of victims, women, or children is not allowed

6. Why Filing a Declaration is Mandatory

Digital media publishers are required to file a Declaration with the Ministry of Information & Broadcasting (MIB) to:

  • Maintain official records of digital media entities
  • Prevent fake or unlawful news portals
  • Ensure transparency and accountability
  • Become eligible for government recognition and advertisements

7. Mandatory Grievance Redressal and Reporting

Every digital media entity must establish the following:

(a) Grievance Redressal Officer

  • Appointment of a designated officer
  • Acknowledge complaints within 24 hours
  • Resolve complaints within 15 days

(b) Monthly Grievance Report

  • Details of complaints received and resolved

(c) Content Classification Report (Age-wise)

  • Classification of sensitive content

(d) Viewership / Analytics Report

  • Audience reach and traffic analysis

(e) Content Audit Report

  • Quarterly or annual legal review of published content

8. Why Registration of a Media House is Necessary

To operate legally, a digital media house should be registered as:

  • LLP – For small or emerging media organizations
  • Private Limited Company – For professional and investment-ready entities
  • OPC (One Person Company) – For single-owner digital media platforms

Benefits include:

  • Legal identity
  • Banking and funding facilities
  • Eligibility for government advertisements
  • Enhanced credibility and trust

9. GST Registration Requirement

GST registration is mandatory if the digital media house:

  • Provides advertising services
  • Earns revenue from digital services
  • Exceeds the prescribed annual turnover threshold

Without GST registration:

  • Government and corporate advertisements are not accessible
  • Legal and payment-related complications may arise

10. Consequences of Non-Compliance

If a digital media entity:

  • Fails to file a declaration
  • Violates the Ethics Code
  • Does not establish a grievance redressal mechanism

The following actions may be taken:

  1. Issuance of warnings or legal notices
  2. Orders to remove or block content
  3. Suspension or shutdown of the website/channel
  4. Withdrawal of government recognition and advertisements
  5. Action under Section 69A of the IT Act, 2000

11. Is There Any Provision for Imprisonment or Penalty?

The IT Rules 2021 themselves do not directly prescribe imprisonment. However, if the content falls under:

  • Sedition
  • Communal violence
  • Obscenity
  • Cybercrime

Then action may be taken under IPC, IT Act, POCSO, CrPC, or other applicable laws, which may result in:

✔ Monetary penalties
✔ Imprisonment
✔ Or both

12. Conclusion

To ensure that digital media operates in a lawful, credible, and government-recognized manner, it is essential to:

  • Comply with the IT Rules 2021 and the Digital Media Ethics Code
  • Complete declaration, registration, and reporting requirements
  • Maintain transparency and accountability

Only a legally compliant digital media organization can remain sustainable, trusted, and recognized in the long run.