The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 is a piece of secondary or subordinate legislation, framed by the Ministry of Electronics and Information Technology (MeitY) and the Ministry of Information and Broadcasting (MIB), under the authority of Section 87 of the Information Technology Act, 2000. The Rules, which commenced on February 25, 2021, superseded the earlier Information Technology (Intermediaries Guidelines) Rules, 2011. They were created to address issues like the spread of fake news, misuse of social media, and the prevalence of child pornography, aiming to strengthen the legal framework and make social media platforms accountable.
The Rules work by imposing greater due diligence obligations on intermediaries, which are entities like social media sites, search engines, and online marketplaces that store or transmit data. A key mechanism is the classification of platforms with over 50 lakh registered users as Significant Social Media Intermediaries (SSMIs), which must comply with additional requirements. These requirements include appointing a Chief Compliance Officer, a Nodal Contact Person for 24x7 coordination with law enforcement, and a Resident Grievance Officer, all of whom must be residents of India.
A significant provision is Rule 4(2), which requires SSMIs to enable the identification of the first originator of information for specific offenses related to the sovereignty of India, public order, or sexual material, provided less intrusive means are ineffective. The Rules also establish a Digital Media Ethics Code for publishers of news and current affairs and Over-The-Top (OTT) curated content, setting up a three-tier grievance redressal mechanism with oversight by the MIB.
The Rules have been amended multiple times, including on October 28, 2022, and April 6, 2023. A major change introduced the Grievance Appellate Committee(s) (GAC) to hear appeals against the decisions of the intermediaries' Grievance Officers. Recent amendments have also reduced the timeline for intermediaries to resolve user grievances from 15 days to 7 days and, in cases of "actual knowledge" of unlawful content, to remove or disable access within 3 hours. The IT Rules, 2021, connect directly to the Information Technology Act, 2000, and the concept of "safe harbour" protection under Section 79 of the Act, which intermediaries lose if they fail to observe due diligence.