Lok Sabha Question No. 105 (STARRED), answered on 2022-02-09
Subject: IT Rules, 2021
Ministry: ELECTRONICS AND INFORMATION TECHNOLOGY
Asked by: Diya Kumari

## GOVERNMENT OF INDIA MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY

## LOK SABHA STARRED QUESTION NO.*105

TO BE ANSWERED ON: 09.02.2022

## IT RULES, 2021

## *105.     MS. DIYA KUMARI:

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

- (a) the details of the aims and objectives of the new Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021;
- (b) whether  the  identification  of  first  originator  impacts  freedom  of  speech  and  if  so,  the details of the safeguards employed to counter the same; and
- (c) whether the Information Technology Rules, 2021 has increased accountability of digital media platforms and if so, the details thereof?

## ANSWER

MINISTER FOR ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI ASHWINI VAISHNAW)

- (a) to (c):   A Statement is laid on the Table of the House.

## STATEMENT REFERRED TO IN REPLY TO LOK SABHA STARRED QUESTION NO. *105  FOR 09-02-2022 REGARDING IT RULES 2021

………

(a):   Government's Digital India program, Technology and Internet have delivered benefits to many  crores  of  Indian  citizens.  As  the  internet  expands  and  delivers  many  benefits  for citizens,  the  Government is also aware of growing user harms, criminality and cyber threat caused by misuse of some social media platforms/ intermediaries by some users.

The Government is committed to ensure that the Internet in India is Safe & Trusted for all users  online.  In  order  to  ensure  this  and  to  ensure  that  Internet  is  always  open  and Intermediaries always accountable to their users,   Ministry of Electronics and  Information Technology (MeitY) has notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ( 'IT Rules, 2021') on 25th February, 2021.

These Rules prescribe the due diligence to be followed by all intermediaries as well as the additional due diligence to be followed by significant social media intermediaries. The Rules also prescribe guidelines to be followed by publishers of news & current affairs and  online curated content providers.

- (b): Freedom of speech and expression is the constitutionally guaranteed right under Article 19(1). Neither the Information Technology (IT) Act nor the above said Rules contravene any of these rights. Rule 4(2) of these Rules, dealing with identification of the first originator of messages  has  been  defined  with  adequate  safeguards  and  within  the  above  constitutional rights including Article 19 and  21.
- (c): All online intermediaries and publishers, rendering services in India have to abide by the provisions  of the IT Act, 2000 and the Rules notified thereunder including the IT Rules 2021. The key features of the IT Rules, 2021 are as follows:
- (i) Digital  media  platforms,  including  intermediaries  and  publishers,      are  required  to provide a robust grievance redressal mechanism.
- (ii) As per provisions  of  rule  3(2)(b)  of  these  Rules,  the  intermediary  shall  remove  any such objectionable content against women within twenty-four hours from the receipt of complaint made by the individual impacted person or any person on his behalf.
- (iii) Intermediaries are  also  required  to  remove  any  unlawful  content  relatable  to  Article 19(2) of the Constitution of India or violative of any law for the time being in force as and when brought to their knowledge either through a court order or through a notice by appropriate government or its authorised agency.
- (iv) The  significant  social  media  intermediaries  shall  follow  additional  due  diligence  as defined in rule 4 of the said Rules.
- (v) All publishers are required to follow Code of Ethics as prescribed in the Rules.
- (vi) The  significant  social  media  intermediary  as  well  as  publishers  need  to  publish monthly compliance reports on their platforms mentioning the details  of  complaints received and action taken thereon.
- (vii) In case of non-compliance by intermediaries, rule 7 of these Rules becomes applicable and they are liable to lose their exemption from liability under section 79 of the  IT Act, 2000. A publisher who contravenes any law for the time in force, shall be liable for consequential action as provided in such law.

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