CrackitToday App

Amendments To The IT Rules, 2021

Amendments To The IT Rules, 2021:


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.

Key Amendments to IT Rules, 2021:

  • New Guidelines for Social Media Intermediaries:
    • 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.
    • The amendment requires intermediaries to respect the rights guaranteed to users under the Articles 14, 19 and 21 of the Indian Constitution, therefore, including a reasonable expectation of due diligence, privacy and transparency.
    • For effective communication of the rules and regulations of the intermediary, it is important that the communication is done in regional Indian languages as well.
  • Amendments to the Rule 3:
    • The grounds in subclause 1 of rule 3 (rule 3(1)(b)(ii)) have been rationalized by removing the words ‘defamatory’ and ‘libellous’.
    • Whether any content is defamatory or libellous will be determined through judicial review.
    • Some of the content categories in subclause 1 of rule 3 (rule 3(1)(b)) have been rephrased to deal particularly with misinformation, and content that could incite violence between different religious/caste groups.
  • Establishment of Grievance Appellate Committee(s):
    • Grievance Appellate Committee(s) will be established to allow users to appeal against the inaction of, or decisions taken by intermediaries on user complaints.
    • However, users will always have the right to approach courts for any remedy.