The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 is a piece of secondary or subordinate legislation, notified on February 25, 2021, by the Ministry of Electronics and Information Technology (MeitY) and the Ministry of Information and Broadcasting (MIB). It was created under the rule-making powers granted by Section 87 of the Information Technology Act, 2000. The Rules superseded the earlier Information Technology (Intermediaries Guidelines) Rules, 2011.
The Rules were introduced to address the problem of misuse of social media platforms, the spread of fake news, and the lack of an institutional mechanism for regulating digital media content, including Over-The-Top (OTT) platforms. The core mechanism of the Rules is to impose due diligence obligations on intermediaries, which, if not followed, can lead to the loss of their safe harbour protection under Section 79 of the IT Act, making them liable for third-party content.
The Rules classify intermediaries into two main categories: Social Media Intermediaries and Significant Social Media Intermediaries (SSMIs), the latter being those with a user base above a notified threshold. SSMIs must observe additional due diligence, such as appointing a Chief Compliance Officer, a Grievance Officer, and a Nodal Contact Person, all of whom must be resident in India. A key provision for SSMIs is the requirement to enable the identification of the first originator of information for specific offenses, though they are not required to disclose the content of the message.
The Rules also connect to the regulation of digital media through a Digital Media Ethics Code (Part III), which establishes a three-tier grievance redressal mechanism for publishers of news and current affairs and curated audio-visual content. This mechanism includes self-regulation by the publisher (Level I), self-regulation by an association (Level II), and an oversight mechanism by the Central Government (Level III).
The Rules have been amended multiple times, notably by the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2022 (notified on October 28, 2022) and the 2023 amendments. These amendments enhanced due diligence requirements, mandated intermediaries to respect the constitutional rights of citizens under Articles 14, 19, and 21, and introduced the concept of Grievance Appellate Committees. The amendments also expanded the scope of content removal to be carried out within 72 hours for certain categories of complaints.