Seeking Inputs: Draft Intermediaries Guidelines (Amendment) Rules, 2018

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Seeking Inputs: Draft Intermediaries Guidelines (Amendment) Rules, 2018

Deepak Arora

@deepakarora

January 3, 2019

Public Policy

8162

Dear Members,

As you may be aware, Ministry of Electronics and Information Technology (MeitY), Government of India has recently published draft Information Technology [Intermediaries Guidelines (Amendment) Rules 2018 for seeking stakeholder comments /suggestion on the same. Once notified, the draft Rules would replace the existing Intermediary Guidelines which were published by the Government in 2011. Following are some of key changes that are proposed.

Intermediaries to assist Government in tracing out the originator of content upon request from authorized agencies
The intermediaries are given a 72 hour window to comply with an order to provide information or assistance by any government agency or in matters of security of the State or cyber security
Intermediaries with 50 lakh or more users would be required to be registered under the Companies Act besides establishing a registered office in India and appointing a nodal contact person for coordination with law enforcement officials
Disable access / remove unlawful content which is against the national interest and other acts as defined under Section 19 (2) of the Constitution within 24 hours of being notified through a court order or a government or its agency. Intermediaries will be required to retain information and other records for the period of 180 days
Further, Intermediaries would be required to deploy tools and mechanisms for proactively identifying and removing or disabling unlawful content or information- this ostensibly refers to obligation on intermediaries to filter content even in the absence of a complaint.
Obligation to inform users at least once every month that noncompliance with rules and regulations may result in termination or blocking of users’ access rights.

Copy of the Draft Rules can be accessed at the link below: http://meity.gov.in/writereaddata/files/Draft_Intermediary_Amendment_24122018.pdf

The last date for sending inputs to MeitY has now been extended to 31st January, therefore, you are requested to kindly share your inputs with us at policyquery@nasscom.in latest by 23rd January 2019

We look forward to your kind response.

Regards

Policy Team

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Deepak Arora