Replied by Anurag Sharma, Research Associate, VIF
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 or the Information Technology (IT) Rules 2021, is a legislation stemmed out of Section 87 of the Information Technology (IT) Act 2000, and in suppression of the Information Technology (Intermediaries Guidelines) Rules, 2011. In 2018, the Ministry of Electronics and Information Technology (MeitY) proposed to strengthen the legal framework and held social media platforms accountable for disseminating fake news, under the law.
Among other rules, the IT Rules 2021 defines social media intermediary in two categories:
i) “Significant social media intermediary’: a social media intermediary having a number of registered users in India above the threshold as notified by the Central Government, and
ii) “Social media intermediary”: 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.
The due diligence (additional due diligence for significant social media intermediaries), mandatory grievance redressal mechanism, ensuring online safety and dignity of netizens, and unlawful information removal, are some of the salient features of the IT Rules 2021.
Further Reading/Sources:
- Government of India. “Comments / suggestions invited on Draft of “The Information Technology [Intermediary Guidelines (Amendment) Rules] 2018”, Ministry of Electronics and Information Technology, Available from: https://www.meity.gov.in/content/comments-suggestions-invited-draft-%E2%80%9C-information-technology-intermediary-guidelines . Accessed on 18 July 2021.
- Government of India. “The Information Technology [Intermediaries Guidelines (Amendment) Rules] 2018”, Ministry of Electronics and Information Technology, Available from: https://www.meity.gov.in/writereaddata/files/Draft_Intermediary_Amendment_24122018.pdf . Accessed on 19 July 2021.
- Government of India. “Press Release: Ministry of Electronics and IT”, Press Information Bureau, 25 February 2021, Available from: https://www.pib.gov.in/PressReleseDetailm.aspx?PRID=1700749 . Accessed on 19 July 2021.