MeitY issues advisory to all intermediaries to comply with existing IT rules - (26 Dec 2023)

Media and Communication

Ministry of Electronics and Information Technology (MeitY) has issued an advisory to all intermediaries, ensuring compliance with the existing IT rules. The advisory mandates that, intermediaries communicate prohibited content, particularly those specified under Rule 3(1)(b) of the Information Technology Rules, 2021 (IT Rules), clearly and precisely to users. The advisory emphasizes that digital intermediaries must ensure users are informed about penal provisions, including those in the IPC and the IT Act 2000, in case of Rule 3(1)(b) violations.

The users must be made aware of the various penal provisions of the Indian Penal Code (IPC) 1860, the IT Act, 2000 and such other laws that may be attracted in case of violation of Rule 3(1)(b). In addition, the terms of service and user agreements must clearly highlight that intermediaries/platforms are under obligation to report legal violations to the law enforcement agencies under the relevant Indian laws applicable to the context,” the advisory further added.

Rule 3(1)(b) of IT Rules mandates intermediaries to communicate their rules, regulations, privacy policy, and user agreement in the user’s preferred language. They are also obliged to ensure reasonable efforts to prevent users from hosting, displaying, uploading, modifying, publishing, transmitting, storing, updating, or sharing any information related to the 11 listed user harms or content prohibited on digital intermediaries. This rule aims to ensure platforms identify and promptly remove misinformation, false or misleading content, and material impersonating others, including deepfakes.

Rule 3(1)(b)(v) prohibits misinformation and patently false information. During the two Digital India Dialogues, Government and industry have agreed to more measures to ensure compliance by platforms and users with the IT rules which have been explained earlier in the media. If such legal violations of the IT rules are noted or reported then the consequences under law will follow.

Tags : RULES COMPLIANCE ADVISORY