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Government notifies Amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 for an Open, Safe and Trusted and Accountable Internet - (29 Oct 2022)

Media and Communication

In a major push towards an Open, Safe and Trusted and Accountable Internet, the Ministry of Electronics and IT notified amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021. Amendments aims at protecting the rights of Digital Nagriks. It also enhances due diligence requirements and ensuring accountability of social media and other intermediaries. Amendment have been notified against the backdrop of complaints regarding the action/inaction on the part of the intermediaries on user grievances regarding objectionable content or suspension of their accounts.

The intermediaries now will be expected to ensure that there is no uploading of content that intentionally communicates any misinformation or information that is patently false or untrue hence entrusting an important responsibility on intermediaries. The Rules also have made it explicit for the intermediary to respect the rights accorded to the citizens of India under the Articles 14, 19 and 21 of the Indian Constitution.

Currently, intermediaries are only required to inform users about not uploading certain categories of harmful/unlawful content. These amendments impose a legal obligation on intermediaries to take reasonable efforts to prevent users from uploading such content. The new provision will ensure that the intermediary’s obligation is not a mere formality. For effective communication of the rules and regulations of the intermediary, it is important that the communication is done in regional Indian languages as well. Grievance Appellate Committee(s) will be established to allow users to appeal against the inaction of, or decisions taken by intermediaries on user complaints. However, users will always have the right to approach courts for any remedy.

Tags : INFORMATION TECHNOLOGY   RULES   AMENDMENT  

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