Analysis of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
Introduction: On February 25, 2021, the Ministry of Electronics and Information Technology and the Ministry of Information and Broadcasting (“MIB”) notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Intermediary Rules 2021”) under Section 87 of the Information Technology Act, 2000 (“IT Act”). The objective of the Intermediary Rules 2021, which supersede the Information Technology (Intermediaries Guidelines) Rules 2011, is to establish a harmonious, soft-touch oversight mechanism in relation to social media platforms as well as digital media and other streaming platforms etc. The Intermediary Rules 2021 are divided into three parts - Part I deals with defining all the terms used therein; Part II deals with the due diligence requirements which must be followed by a social media intermediary (SMI) and a significant social media intermediary (SSMI) and Part III deals with the code of ethics and procedure and safeguard in relation to