Grievance Appellate Committees

Grievance Appellate Committees are government-established bodies that hear appeals concerning grievance redressal by online intermediaries, including social media platforms. Under Rule 3A of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, they provide an additional avenue for users dissatisfied with an intermediary's grievance-handling process.

Legal basis and composition

The 2022 amendment to the IT Rules introduced the appellate mechanism. The Central Government is empowered to establish one or more Grievance Appellate Committees by notification.

• Each committee consists of a chairperson and two whole-time members appointed by the Central Government.
• Of these three members, one is an ex-officio member and two are independent members.

What appeals they hear

The committees review grievances after the intermediary's own Grievance Officer has had the opportunity to address them. Their role is therefore appellate, rather than that of the first point of complaint.

• A person aggrieved by the Grievance Officer's decision may appeal within 30 days of receiving the communication conveying that decision.
• An appeal may also be made when a grievance remains unresolved within the period prescribed under Rule 3(2).
• The mechanism can address disputes concerning an intermediary's handling of user complaints, including complaints about removal or non-removal of content.

Procedure, effect and rights significance

The committee must deal with an appeal expeditiously and endeavour to resolve it within 30 calendar days from receipt. This is an endeavour-based disposal timeline, not an unconditional guarantee of disposal within that period.

• The entire appeal process operates through online dispute resolution, from filing to the decision.
• The committee may seek assistance from persons possessing suitable qualifications, experience and subject expertise.
• The intermediary must comply with the committee's order and upload a compliance report on its website.
• The mechanism offers users a remedy beyond the platform's internal grievance process; it does not replace access to courts.
• Content-related appeals are relevant to freedom of speech under Article 19(1)(a), while Article 19(2) specifies the grounds on which the State may impose reasonable restrictions.