The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, notified on 25th February 2021, marked a significant step in India’s digital governance framework. These rules were framed under the Information Technology Act, 2000 and aim to regulate intermediaries (such as social media platforms), digital news publishers, and OTT platforms.
The IT Rules 2021 seek to balance freedom of expression with accountability, user safety, and transparency in the online ecosystem. Below is a rule-wise breakdown for better clarity:
Rule 1: Short Title and Commencement
- These rules are called Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
- They extend to the whole of India and apply to intermediaries, publishers of news, and OTT platforms.
Rule 2: Definitions
- Defines key terms such as intermediary, digital media publisher, OTT platform, significant social media intermediary (SSMI) (platforms with over 50 lakh registered users in India).
- Clarifies distinctions between different stakeholders.
Rule 3: Due Diligence by Intermediaries
- Intermediaries must publish rules, privacy policy, and user agreement.
- They must ensure users do not host or share unlawful content (obscene, defamatory, violent, against sovereignty of India, etc.).
- Grievance redressal mechanism must be established with a Grievance Officer.
- Take down unlawful content within 36 hours upon receiving a government or court order.
- Preserve user data for 180 days when required for investigations.
Rule 4: Due Diligence by Significant Social Media Intermediaries (SSMIs)
- Additional obligations for large platforms like Facebook, Twitter, Instagram, YouTube, WhatsApp, etc.
- Appointment of:
- Chief Compliance Officer (accountable for compliance).
- Nodal Contact Officer (24×7 coordination with law enforcement).
- Resident Grievance Officer (handling complaints).
- Must enable traceability of originator of messages (especially on encrypted platforms like WhatsApp).
- Publish monthly compliance reports.
- Provide tools for user verification (optional).
Rule 5: Grievance Redressal for Digital Media & Publishers
- Publishers of digital news and OTT platforms must establish a three-tier grievance redressal mechanism:
- Level I – Self-regulation by the publisher
- Level II – Self-regulation by industry body
- Level III – Oversight by Government (Inter-Departmental Committee)
Rule 6: Blocking of Information
- The Government may direct intermediaries to block content in the interest of sovereignty, integrity, security, and public order.
Rule 7: Non-Observance of Rules
- Failure to comply may lead to the loss of safe harbor protection under Section 79 of IT Act, 2000, exposing intermediaries to direct liability.
Rule 8 – 24: Oversight and Code of Ethics for Digital Media
- Rule 8–9: Introduce the Code of Ethics for publishers of digital media. OTT platforms must categorize content into U, U/A 7+, U/A 13+, U/A 16+, A (Adult).
- Rule 10–14: Set guidelines for classification, parental locks, age verification, and display of content descriptors.
- Rule 15–17: Publishers must provide clear grievance mechanisms on websites/apps.
- Rule 18–22: Establish functioning of the Inter-Departmental Committee for oversight.
- Rule 23–24: Government powers to issue directions, call for compliance reports, and enforce penalties.
Key Takeaways
- Accountability – Big social media platforms must ensure compliance officers, transparency reports, and traceability of messages.
- User Safety – Strong grievance redressal and takedown obligations protect users from harmful content.
- Regulation of OTT & News – A structured code of ethics brings OTT and digital news publishers under legal oversight.
- Consequences of Non-Compliance – Loss of immunity under IT Act Section 79.
Conclusion
The IT Rules 2021 represent India’s attempt to create a safer, more accountable, and transparent digital environment. While they promote user protection, concerns remain regarding privacy, surveillance, and free speech—making this an evolving area of law and policy.
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