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On February 25, the government formally notified the the ‘Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021’. The Rules have been framed under the Information Technology Act, 2000, by the Ministry of Electronics and Information Technology (MeiTY), which administers the Act.
These rules seek to regulate content in social media platforms (intermediaries) like Twitter and Facebook a consequence of the government feeling that unbridled content on these platforms is sometimes inimical to the country’s interests. These rules deal with a range of undesirable content, from pornography to spread of false information to content violative of IP laws to content that threatens the unity, integrity, security and sovereignty of India.
IT Rules 2021: Abdicating legislative duties and delegating powers to the bureaucracy
By Raghav Ahooja
A recent disturbing trend has emerged wherein the Government is not debating and discussing matters of national importance in Parliament. The government is seen using a back door entry to delegate away its legislative functions to the executive, often landing in the hands of the bureaucracy in the form of rules or guidelines that go virtually unchallenged and unopposed.
Last week, the Ministry of Electronics and Information Technology (MEITY) notified the Information Technology Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which require intermediaries to conduct due diligence on specific parameters and set up a grievance redressal mechanism. Under these rules, publishers will also be required to follow a code of ethics.