Classification and Categorisation of Jio Apps

1. For classification as an SSMI, an intermediary will have to first qualify as a Social Media
Intermediary and further if the SMI has 50 lakhs+ userbase, then it would be considered as
SSMI.

As mentioned in Q.12, to qualify as a social media intermediary, enabling of online

interactions should be the primary or sole purpose of the intermediary. Therefore,
typically, an entity which has some other primary purpose, but only incidentally enables
online interactions, may not be considered as a social media intermediary.

Further online interaction has explained as intermediaries which:

(a) Facilitates socialization/social networking, including the ability of a user to increase their
reach and following, within the platform via specific features like “follow”/ “subscribe” etc.;

(b) Offers opportunity to interact with unknown persons or users;

(c) Ability of enabling virality of content by facilitation of sharing. Virality, in this context,
means the tendency of any content to be circulated rapidly and widely from one internet user
to another.

Now, Jio Engage for that matter does not have the primary purpose of enabling online
interactions under any given heads. The sticker chat feature, to begin with isn’t an interactive
or facilitates online interaction and additionally does not constitute to be a primary purpose of
the app. Hence, according to the newly released FAQs, Jio Engage need not be declared an
SSMI. Due to this, MyJio may not be declared as an SSMI as far as Jio Engage is concerned.

Going by the same definition, Jio Meet, Jio Message and Jio chat fulfil the criteria of a
social media intermediary. Due to it’s userbase extending to 50 lakhs+, it would be
considered as an SSMI

2. As per Section 2(u) of the IT Rules, 2021, a publisher is defined as:

A publisher of online curated content‘ means a publisher who, performing a significant role
in determining the online curated content being made available, makes available to users a
computer resource that enables such users to access online curated content over the internet
or computer networks, and such other entity called by whatever name, which is functionally
similar to publishers of online curated content but does not include any individual or user
who is not transmitting online curated content in the course of systematic business,
professional or commercial activity.

Going by the definition, Jio TV, Jio TV + and Jio Cinema qualify to be considered as
publisher of online curated content. However, the FAQs do not make any changes to this
definition or create any room for changes in the categorisation. Further, due to the content
available to viewers, on demand, for watching over the internet on apps like Net Meds and
Jio Health Hub, the two also fall under the same category.

3. FAQ No. 9 states that some entities may be functioning both like an intermediary as well
as a “news aggregator” or “publisher of news and current affairs content” as defined in rule
2(o) and rule 2(t). Further clarification with respect to rule 5, and Part III of the Rules relating
to news and current affairs content may be sought from the Ministry of Information &
Broadcasting (MIB). This in fact, states that the categorisation of NEWJ app and Jio News
would depend on further clarifications given by MIB.