The Indian government has ruled out any review of the country’s digital regulations through fresh consultations, dispelling rumours, as well as any changes in the rule that exempts social media intermediaries from liabilities for third-party content on their platforms.
“There is no such proposal under consideration of the Government to opt for fresh public consultation or to take back the IT Rules, 2021,” junior Minister for Electronics and Information Technology, Rajeev Chandrasekhar, said Friday.
The Minister was replying to a query from a fellow parliamentarian in Rajya Sabha (Upper House) whether the government had any plans to “take back” The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, implemented from May 2021 or
whether there were any proposals to “open fresh public consultations” involving the IT Rules.
According to the government, the IT Rules were brought in to ensure an open, safe, trusted and accountable Internet for users and the regulations were in tune with the changing requirements.
Pointing out that there was “no such proposal under consideration of this Ministry” (to review or change Section 79 of the IT Act relating to intermediaries and their safety harbour), Chandrasekhar said, “In case of non-compliance (of regulations) by intermediaries, rule 7 of these Rules becomes applicable and they (intermediaries) are liable to lose their exemption from liability under section 79 of the IT Act, 2000.”
He was clarifying on another question from a parliamentarian on whether the government had any “plan to revise Section 79 of the IT Act which provides intermediaries exemption from punishment for third-party content posted on its website, thereby decreasing their accountability”.
As per the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021), online intermediaries are expected to remove any information violative of any law in India as and when brought to their knowledge either through a court order or through a notice by an authorised government agency.
The Minister said such notices were sent directly by the authorised agencies and acted upon by the intermediaries concerned. As mandated in the Rules, significant social media intermediaries (SSMIs) provide details of grievances/complaints received and responded, as part of their compliance reports, published on a monthly basis on their website and mobile apps.
“This Ministry does not separately maintain the list of grievances received,” Chandrasekhar explained, adding, “MeitY (Ministry of Electronics and IT), suo moto, does not track compliance by intermediaries, but relies on the reporting by the users of non-compliance, if any.”
The IT Rules, according to the government, empower the users of intermediaries and makes the social media platforms accountable for users’ safety.