CHAPTER III: SELF REGULATING MECHANISM – LEVEL II
(1) There may be one or more self-regulatory bodies of publishers, being an independent body constituted by publishers or their associations.
(2) The self-regulatory body referred to in sub-rule (1) shall be headed by a retired judge of the Supreme Court, a High Court, or an independent eminent person from the field of media, broadcasting, entertainment, child rights, human rights or such other relevant field, and have other members, not exceeding six, being experts from the field of media, broadcasting, entertainment, child rights, human rights and such other relevant fields.
(3) The self-regulating body shall, after its constitution in accordance with sub-rule (2), register itself with the Ministry within a period of thirty days from the date of notification of these rules, and where a self-regulating body is constituted after such period, within thirty days from the date of its constitution:
Provided that before grant of registration to the self-regulating body, the Ministry shall satisfy itself that the self-regulating body has been constituted in accordance with sub-rule (2) and has agreed to perform the functions laid down in sub-rules (4) and (5).
(4) The self-regulating body shall perform the following functions, namely:—
(a) oversee and ensure the alignment and adherence by the publisher to the Code of Ethics;
(b) provide guidance to publishers on various aspects of the Code of Ethics;
(c) address grievances which have not been resolved by publishers within the specified period of fifteen days;
(d) hear appeals filed by the complainant against the decision of publishers;
(e) issue such guidance or advisories to such publishers as specified in sub-rule (5) for ensuring compliance to the Code of Ethics.
(5) The self-regulating body while disposing a grievance or an appeal referred to it in sub-rule (4) may issue following guidance or advisories to the publishers as under, namely:—
(a) warning, censuring, admonishing or reprimanding the publisher; or
(b) requiring an apology by the publisher; or
(c) requiring the publisher to include a warning card or a disclaimer; or
(d) in case of online curated content, direct the publisher to,—
(i) reclassify ratings of relevant content;
(ii) make appropriate modification in the content descriptor, age classification and access control measures;
(iii) edit synopsis of relevant content; or
(e) in case of any content where it is satisfied that there is a need for taking action to delete or modify the content for preventing incitement to the commission of a cognizable offence relating to public order, or in relation to the reasons enumerated in sub-section (1) of section 69A of the Act, refer such content to the Ministry for consideration by the Oversight Mechanism referred to in rule 13 for appropriate action.
(6) Where the self-regulating body is of the opinion that there is no violation of the Code of Ethics, it shall convey such decision to the complainant and such entity.
(7) Where a publisher fails to comply with the guidance or advisories of the self-regulating body within the time specified in such guidance or advisory, the self-regulating body shall refer the matter to the Oversight Mechanism referred to in rule 13 within fifteen days of expiry of the specified date.