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Update: The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2022
Update: The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2022

November 1, 2022

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The Ministry of Electronics and Information Technology (MeitY) has notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2022 (IL Rules). The amendment comes after the MeitY had released the draft IL Guidelines for stakeholder consultation earlier this year.

The key provisions include:

  • Appeal to grievance redressal committee (GAC): The IL Guidelines require the Central Government to establish a Grievance Appellate Committee within three months from the commencement of these rules.
  • The GAC will have a chairperson and two whole time members appointed by the Central Government. These whole time members shall be independent members.
  • This appeal shall have to be resolved within thirty calendar days from their receipt.
  • The GAC shall be required to adopt an online dispute resolution mechanism for the appeal process.
  • GAC is allowed to consult subject matter experts if needed, in a given case.
  • Every concerned intermediary shall have to adhere to orders passed by the GAC and shall have to upload a report to this effect on its website.
  • Accessibility of services: The intermediaries shall be required to ensure accessibility of their services to users along with reasonable expectations of due diligence, privacy and transparency.
  • Publication of privacy policy and user agreement: The intermediaries are required to prominently publish their privacy policy and user agreement in English or any language in Eighth schedule.
  • The intermediaries have been required to inform users of their rules and regulations, privacy policy and user agreement in official languages specified in Eighth schedule or English. The intermediaries have also been required to ensure that the user of their computer resources does not host, display, upload, modify, publish, transmit, store, update or share any information that is harmful to a child, infringes any proprietary rights, is invasive of privacy amongst other grounds.
  • The intermediaries are required to resolve complaints in 15 days. These have to relate to violation of any law in existence, infringement of proprietary rights, and information which pertains to another person. Other grounds such as information harmful to a child have to be addressed in 72 hours.
  • The intermediaries are required to respect constitutional rights including that of Article 14, 19 and 21.
  • Earlier, the draft Intermediary Guidelines had suggested that information that is "patently false or untrue" shall have to be removed by the intermediary. This has now been deleted.

You can read our submission on draft Intermediary Guidelines here. For more information, kindly write to varun@nasscom.in and apurva@nasscom.in.


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Apurva Singh
Senior Policy Associate

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