Amidst growing concerns around lack of transparency, accountability and rights of users
related to digital media, the Information Technology (Intermediary Guidelines and Digital
Media Ethics Code) Rules 2021 have been framed in exercise of powers under the Information
Technology Act, 2000 and in supersession of the earlier Information Technology (Intermediary
Guidelines) Rules 2011.
Analysis
• Guidelines Relating to Social Media shall be administered by Ministry of Electronics and IT,
while Guidelines relating to Code of Ethics and procedure and safeguards in relation to
digital media shall be administered by the Ministry of Information and Broadcasting.
Guidelines Related to Social Media to Be Administered by Ministry of Electronics and IT:
• Due diligence to be followed by intermediaries including social media intermediaries: In
case, due diligence is not followed by the intermediary, safe harbour provisions will not apply to
them.
• Grievance redressal mechanism: The Rules seek to empower the users by mandating the
intermediaries, including social media intermediaries, to establish a grievance redressal
mechanism for receiving resolving complaints from the users or victims including the
appointment of a Grievance Officer to deal with such complaints.
o Grievance Officer shall acknowledge the complaint within twenty-four hours and resolve it
within fifteen days from its receipt.
• Two categories of social media intermediaries: To encourage innovations and enable growth
of new social media intermediaries without subjecting smaller platforms to significant
compliance requirement, the Rules make a distinction between social media intermediaries
and significant social media intermediaries.
o This distinction is based on the number of users on the social media platform.
o Government is empowered to notify the threshold of user base that will distinguish
between social media intermediaries and significant social media intermediaries.
o The Rules require the significant social media intermediaries to follow certain additional
due diligence.
Additional due diligence to be followed by significant social media intermediary:
• Appoint a Chief Compliance Officer who shall be responsible for ensuring compliance with the
Act and Rules. Such a person should be a resident in India.
• Appoint a Nodal Contact Person for 24x7 coordination with law enforcement agencies. Such a
person shall be a resident in India.
• Appoint a Resident Grievance Officer who shall perform the functions mentioned under
Grievance Redressal Mechanism. Such a person shall be a resident in India.• Publish a monthly compliance report mentioning the details of complaints received and action
taken on the complaints as well as details of contents removed proactively by the significant
social media intermediary.
• Significant social media intermediaries providing services primarily in the nature of messaging
shall enable identification of the first originator of the information that is required only for
the purposes of prevention, detection, investigation, prosecution or punishment of an offence
related to sovereignty and integrity of India, the security of the State, friendly relations with
foreign States, or public order or of incitement to an offence relating to the above or in relation
with rape, sexually explicit material or child sexual abuse material punishable with
imprisonment for a term of not less than five years.
• Significant social media intermediary shall have a physical contact address in India published on
its website or mobile app or both.
Digital Media Ethics Code Relating to Digital Media and OTT Platforms to Be Administered by
Ministry of Information and Broadcasting:
• Self-Classification of Content: The OTT platforms, called as the publishers of online curated
content in the rules, would self-classify the content into five age-based categories- U
(Universal), U/A 7+, U/A 13+, U/A 16+, and A (Adult).
o Platforms would be required to implement parental locks for content classified as U/A
13+ or higher, and reliable age verification mechanisms for content classified as “A”.
• Publishers of news on digital media would be required to observe Norms of Journalistic
Conduct of the Press Council of India and the Programme Code under the Cable Television
Networks Regulation Act thereby providing a level playing field between the offline (Print,
TV) and digital media