Lok Sabha Question No. 1528 (UNSTARRED), answered on 2021-07-28
Subject: Enforcement of IT Intermediary Guidelines
Ministry: ELECTRONICS AND INFORMATION TECHNOLOGY
Asked by: Raja Amareshwara Naik, Bhola Singh, Sukanta Majumdar, Sangeeta Kumari Singh Deo, Vinod Kumar Sonkar, Rajveer (Raju Bhaiya) Singh, Jayanta Kumar Roy

## GOVERNMENT OF INDIA MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY

## LOK SABHA UNSTARRED QUESTION NO. 1528

TO BE ANSWERED ON 28.07.2021

## ENFORCEMENT OF IT INTERMEDIARY GUIDELINES

## 1528    SHRI RAJA AMARESHWARA NAIK:  DR. SUKANTA MAJUMDAR: SHRIMATI SANGEETA KUMARI SINGH DEO: SHRI VINOD KUMAR SONKAR: SHRI RAJVEER SINGH (RAJU BHAIYA):  SHRI BHOLA SINGH: DR. JAYANTA KUMAR ROY:

Will the Minister of Electronics and Information Technology be pleased to state:

- (a) whether the Government has enforced the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 in the country if so, the details thereof;
- (b)   whether the said new IT rules make digital companies more accountable for the online content posted on their platforms websites and protects users from abuse and if so, the details thereof;
- (c)  whether these guidelines require digital companies including Twitter and WhatsApp to regulate content, appoint nodal officers for compliance and grievance redressal and adopt features such as traceability of messages and voluntary user verification if so, the details thereof; and
- (d)   the other steps being taken by the Government in this regard

## ANSWER

## MINISTER OF STATE FOR ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI RAJEEV CHANDRASEKHAR)

(a) and (b):  The Government has notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 on 25 th February, 2021 superseding the erstwhile Information Technology (Intermediaries  Guidelines)  Rules,  2011.    The  Rules  prescribe  the  due  diligence  to  be  followed  by  the intermediaries as well as additional due diligence to be followed by the Significant Social Media Intermediaries (SSMI). The Rules requiring due diligence to be followed by all intermediaries have become effective with its notification  and  the  additional  due  diligence  to  be  followed  by  the  significant  social  media  intermediaries (SSMI) have become effective from 26 th May, 2021.  These Rules are available on the Ministry of Electronics & Information Technology (MeitY) website .

https://www.meity.gov.in/writereaddata/files/Intermediary\_Guidelines\_and\_Digital\_Media\_Ethics\_Code\_Ru les-2021.pdf

The rules aim to protect the rights of users and make the intermediaries more responsive and accountable. The intermediaries  are  required  to  publish  privacy  policy,  rules  and  regulations  and  terms  and  conditions. Intermediaries  are  required  to  inform  their  users  not  to  publish/share/host  any  unlawful  content.  The intermediaries are also expected to remove any unlawful content as and when brought to their knowledge either through a court order or through a notice by appropriate government or its authorized  agency.

(c) and (d): The Rules require significant social media intermediaries like Twitter, WhatsApp etc. to appoint Chief Compliance Officer, Nodal Person of Contact  and a Resident Grievance Officer and have physical contact  address  in  India.  They  are  also  required  to  publish  a  monthly  compliance  report.  SSMI  providing services primarily  in the nature of messaging  are required to  enable the identification of the first originator of the information for the purposes of prevention, detection, investigation, prosecution or punishment of an offence related to the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, or public order, or of incitement to an offence relating to the above or in relation with rape, sexually explicit material or child sexual abuse material, punishable with imprisonment for a term of not less than five years. They are also required to enable users to voluntarily verify their accounts.

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