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March 18, 2021

Summary: Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021

Author: Janaki Arun

The Ministry of Electronics and Information Technology (MeitY) notified on February 25, 2021, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (‘Rules’). The Rules now supersede the earlier Information Technology (Intermediaries Guidelines) Rules, 2011. As per a press release issued by the MeitY, the Rules were enacted in collaboration with the Ministry of Information and Broadcasting (MIB), owing to concerns among the public on transparency, accountability and rights of users on digital media, including social media, OTT platforms, etc.

Part I differentiates between a ‘social media intermediary’ and a ‘significant social media intermediary’. A social media intermediary is defined as “an intermediary which primarily or solely enables online interaction between two or more users and allows them to create, upload, share, disseminate, modify or access information using its services” whereas a significant social media intermediary is defined as having “a number of registered users in India above such threshold as notified by the Central Government”.

Part II, to be administered by the MeitY, lays down a list of due diligence to be observed by intermediaries while discharging their duties [Rule 3(1)] and mandates a grievance redressal mechanism to be put in place [Rule 3(2)]. Rules 4 and 5 lay down additional lists of due diligence to be observed by significant social media intermediaries, and in relation to news and current affairs content. The Rules also provide for the Ministry to require any intermediary, which is not a significant social media intermediary to comply with all or any of the obligations applicable to a significant social media intermediary [Rule 6]. Rule 7 lays down that if an intermediary fails to comply with these rules, the safe-harbour provision under Section 79(1) of the Information Technology Act, 2000 shall not be applicable to it.

Part III, to be administered by the MIB, sets out the Code of Ethics and Procedure and Safeguards in relation to Digital Media, specifically applicable to publishers of news and current affairs content and publishers of online curated content. Rule 10 lays down the process for furnishing and processing of grievance. The Rules also call for the creation of a three-tier grievance redressal mechanism:

  • Level I- Self- Regulation by Publishers [Rule 11].
  • Level II- Self-Regulating Bodies of Publishers [Rule 12]
  • Level III- Oversight Mechanism of the Central Government [Rule 13]

The Rules also lay down, in the appendix, a specific Code of Ethics for news and current affairs and online curated content and certain issue specific guidelines, such as for discrimination, nudity, etc.

The guidelines could be accessed here: www.meity.gov.in/writereaddata/files/Intermediary_Guidelines_and_Digital_Media_Ethics_Code_Rules-2021.pdf

Disclaimer: Views, opinions, interpretations are solely those of the author, not of the firm (ALG India Law Offices LLP) nor reflective thereof. Author submissions are not checked for plagiarism or any other aspect before being posted.

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