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    IT Rules 2021

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    The document summarizes key provisions of the IT Rules 2021 and recent amendments. The rules aim to make the internet open, safe, trusted and accountable. They impose greater due diligence requirements on social media platforms and intermediaries. However, some have concerns that the rules excessively control speech and lack procedural safeguards.

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    IT Rules 2021

    Uploaded by

    naamneitarrkono
    25 views4 pages
    The document summarizes key provisions of the IT Rules 2021 and recent amendments. The rules aim to make the internet open, safe, trusted and accountable. They impose greater due diligence requirements on social media platforms and intermediaries. However, some have concerns that the rules excessively control speech and lack procedural safeguards.

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    clearias.com-IT Rules 2021

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    The document summarizes key provisions of the IT Rules 2021 and recent amendments. The rules aim to make the internet open, safe, trusted and accountable. They impose greater due diligence requirements on social media platforms and intermediaries. However, some have concerns that the rules excessively control speech and lack procedural safeguards.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    25 views4 pages

    IT Rules 2021

    Uploaded by

    naamneitarrkono
    The document summarizes key provisions of the IT Rules 2021 and recent amendments. The rules aim to make the internet open, safe, trusted and accountable. They impose greater due diligence requirements on social media platforms and intermediaries. However, some have concerns that the rules excessively control speech and lack procedural safeguards.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 4

    IT Rules 2021

    clearias.com/it-rules-2021/

    ClearIAS Team

    The IT rules 2021 were amended in a major push towards an Open, Safe & Trusted,
    and Accountable Internet. The Ministry of Electronics and IT notified these
    amendments aimed at protecting the rights of Digital Nagriks. Read here to know
    more about the need for the amendments.

    The Information Technology (Intermediary Guidelines and Digital Media Ethics Code)
    Amendment Rules, 2022 are aimed at enhancing due diligence requirements and ensuring
    accountability of social media and other intermediaries.

    They 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 draft amendment to IT rules, 2021 was released earlier this year.

    Table of Contents

    Toggle
    Key provisions of IT Rules 2021
    Amendment to IT rules 2021
    News about IT Rules
    Concerns with IT rules

    1/4
    Key provisions of IT Rules 2021
    IT Rules 2021 were released under section 87 of the IT Act, 2000 for Social-Media, Digital
    Media, and OTT platforms.

    Social media intermediaries, with registered users in India above a notified threshold,
    have been classified as significant social media intermediaries (SSMIs).
    The Rules prescribe a framework for the regulation of content by online publishers of
    news and current affairs content and curated audio-visual content.
    All intermediaries are required to provide a grievance redressal mechanism for
    resolving complaints from users or victims.
    The privacy policies of social media platforms must make sure that users are informed
    about not disseminating copyrighted material and anything that could be seen as
    threatening the unity, integrity, defence, security, or sovereignty of India or friendly
    relations with other states, or breaking any current law.
    They are required to establish a grievance redressal mechanism and remove unlawful
    and unfitting content within stipulated time frames.
    Within 24 hours after receiving complaints, intermediaries are required to remove or
    limit access to any content that exposes people’s private regions, depicts them in full or
    partial nudity, performs sexual acts, or is otherwise impersonated, including through the
    use of morphing photos, etc.

    Amendment to IT rules 2021


    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 to intermediaries.

    The rules also have made it explicit for the intermediary to respect the rights accorded to the
    citizens of India under Articles 14, 19, and 21 of the Indian Constitution

    Key provisions of the amendment are:

    Grievance Appellate Committees (GAC): The Central Government shall establish one or
    more Grievance Appellate Committees (GAC) within three months.

    Each GAC will consist of a chairperson and two whole-time members appointed by the
    Central government.
    Of these, one member shall be ex-officio, while the other two shall be independent
    members
    The GAC will hear appeals by social media users against the decisions of grievance
    officers appointed by the intermediary.

    2/4
    The idea behind setting up the committees is to give users of social media platforms,
    including Facebook and Twitter, recourse other than approaching the courts to settle
    complaints.
    However, users will always have the right to approach courts for any remedy.

    Dispute Resolution Mechanism: Online dispute resolution mechanism, i.e., digital mode of
    the entire appeal process, from the filing of an appeal to the decision.

    Obligations for intermediaries: Intermediaries can develop and implement “appropriate


    safeguards” to prevent misuse of the grievance redressal mechanism.

    Time-bound: The companies will be required to acknowledge complaints from users within
    24 hours and resolve them within 15 days or 72 hours in case of an information takedown
    request.

    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, the
    communication must be done in regional Indian languages as well.

    Some of the content categories in rule 3(1)(b) have been rephrased to deal particularly with
    misinformation, and content that could incite violence between different religious/caste
    groups.

    The amendment requires intermediaries to respect the rights guaranteed to users under the
    Constitution, including a reasonable expectation of due diligence, privacy, and transparency.

    While the IT Rules of 2021 mandated that social media intermediaries would be responsible
    for informing users not “to host, display, upload, modify, publish, transmit, store, update or
    share any information” not permitted under the law, the amended rules only say that
    intermediaries should take “all reasonable measures” to inform users of these rules.

    News about IT Rules


    The government notified amendments to the Information Technology (Intermediary
    Guidelines and Digital Media Ethics Code) Rules 2021.
    These are aimed at making internet-open, safe, trusted, and accountable, for the digital
    nagriks of the country.

    Concerns with IT rules


    3/4
    Excessive government control:

    The Rules may be going beyond the powers delegated under the Act in certain cases.
    Such as where they provide for the regulation of significant social media intermediaries
    and online publishers and require certain intermediaries to identify the first originator of
    the information.

    Restrictive:

    Can act as an effective tool to curb government criticism and dissent.


    Grounds for restricting online content are overbroad and may affect freedom of speech.

    Absence of procedural safeguards:

    There are no procedural safeguards for requests by law enforcement agencies for
    information under the possession of intermediaries.
    Requiring messaging services to enable the identification of the first originator of
    information on its platform may adversely affect the privacy of individuals.

    Also read: Film Piracy

    -Article written by Swathi Satish

    4/4

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