Draft amendments to IT Rules 2021

June 7, 2022

Government has released draft amendments to IT Rules 2021 and sought public comments on some amendments to it.

Ministry of Electronics and Information Technology (MeitY) had released new IT rules in 2021.
It came into effect from May 26, 2021.
These rules provide a framework for content regulation by online publishers of current affairs content and news content, as well as curated audio-visual content.
These rules were put forward with the aim of making social media and internet companies, that have over five million users.
Rules had mandated that social media intermediaries should publish rules to stop posting and sharing of content which is inflammatory, hateful, objectionable, ethnically and racially objectionable etc.
Online intermediaries were also asked to appoint nodal officer in India, who can be available round-the-clock in order to help law enforcement agencies.
Through these rules, government provided a three-tier grievance redressal mechanism.
Under the rules, big social media platforms, like Facebook and Twitter, were mandated to enable identification of ‘first originator’ of any information undermining the sovereignty of India, public order or security of the state.

In a new proposal, MritY provided for setting up a government panel for addressing such grievances. Before that, if any user was not satisfied with any grievance redressal system of social media platform, he had only one option to approach court.
Government would set up one or more Grievance Appellate Committees, comprising of a chairperson and other members appointed by government. Under the amendment, user will be able to appeal a grievance officer’s order to committee within 30 days of receiving it.
Draft proposals add another level. This level will reduce the quantum of social media litigation. An intermediary would acknowledge the complaint of user received by its grievance officer within 24 hours.