New Delhi: The Government of India aims to make the internet safe, open, accountable and trusted and keeping this in view, it has framed the Information Technology (Intermediary Guidelines and Digital Media Ethical Code) Rules 2021 under the Information Technology Act, 2020.
These rules cast specific obligation on intermediaries, including intermediaries offering online games, to observe diligence and provide that if the digital media fails to observe such diligence, it shall no longer be exempt from their liability under law for third-party information or data or communication link hosted by them, said Rajiv Chandrasekhar, Minister of State for Electronics and Information Technology, in a written reply to a question in Rajya Sabha on Friday.
The minister said that such diligence includes making reasonable efforts to cause its user not to host, display, publish, transmit or share any information that is harmful to children, causes incitement to the commission of any cognizable offence, relates to encourages gambling, or violates any law for the time being in force.
In addition, the rules stipulate that no one should host, store or publish unlawful information prohibited under law for the time being in force, on a voluntary basis on violation of the above, and on actual knowledge upon receipt of a grievance or court order or notice from the appropriate government or its agency.
Furthermore, the rules try to have in place grievance redressal machinery, and resolve complaints of violation of the rules within 72 hours of being reported, while providing information or assistance for prevention, detection, investigation or prosecution under law upon receipt of an order from a lawfully authorised government agency.
The minister further said that in case an intermediary is a significant social media intermediary (i.e., an intermediary having more than 50 lakh registered users in India), to additionally observe diligence in terms of appointing a Chief Compliance Officer, a nodal contact person for 24×7 coordination with law enforcement agencies and a Resident Grievance Officer, publishing monthly compliance reports, etc.
Chandrasekhar, however, ruled out the possibility to enact a separate law to regulate the digital media.
