Govt. Proposed Amendments to IT Rules 2021 – IT rule in India – Judiciary – Free PDF Download

Draft Amendments to IT Rules, 2021
Ministry of Electronics and IT

Intermediary- Section 2 (w) of IT Act-

• any person who on behalf of another person receives, stores or transmits that record or provides any service with respect to that record and includes-
• telecom service providers,
• network service providers,
• internet service providers,
• web-hosting service providers,
• search engines,
• online payment sites,
• online-auction sites,
• online-market places and
• cyber cafes;

Background-

• The Ministry of Electronics and IT (MeitY) notified-
•  the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (hereinafter referred to as “IT Rules, 2021”) in February, 2021.
• The goal-  to ensure an Open, Safe & Trusted and Accountable Internet for all Indian Internet Users and Digital Nagriks.
• These rules have succeeded in creating a new sense of accountability amongst Intermediaries to their users especially within Big Tech platforms.

Need for the Amendment-

• Although IT Rules, 2021 provide for a robust grievance redressal mechanism.
• However, there have been many instances that grievance officers of intermediaries either do not address the grievances satisfactorily and/or fairly.
• In such a scenario, the need for an appellate forum has been proposed to protect the rights and interests of users.

Intermediaries to ensure that users comply with requirements in rule 3(1)(b) of the IT Rules 2021

• Intermediaries should ensure that their terms and conditions of use should include all the elements of rule 3(1)(b).
• 3. (1)(b) user agreement of the intermediary shall inform the user not to upload, share etc. any information that,—
• (i) belongs to another person and to which the user does not have any right;
• (ii) Defamatory, Obscene, Paedophilic, Pornographic, racially or ethnically objectionable,
• (iii) is harmful to child;
• (iv) infringes any patent, trademark, copyright or other proprietary rights;
• (v) violates any law for the time being in force;
• (vii) impersonates another person;
• (viii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence etc.

2^nd Amendment-

• Intermediaries to respect the rights guaranteed to users under the Constitution of India.
• This has been made necessary because a number of Intermediaries have acted in violation of constitutional rights of Indian citizens and keeping in mind that Government is the guarantor of such rights of all our citizens.

3^rd Amendment 72 Hours

• Any complaint for removal of any content under rule 3(1)(b) to be addressed within 72 hours of the receipt of the user’s complaint, because of the very nature of cyber space providing instant communication, outreach and virality.
• Any other grievance will continue to be addressed within 15 days.

Creating a new Grievance Appellate Committee to provide an appeal mechanism to users:

• Users will have the option to appeal against the grievance redressal process of the intermediaries before this new appellate body. The Committee will endeavor to address the user’s appeal within a period of 30 days.
• Even after introduction of this new Committee, the users will have the right to directly approach a court of law against the intermediary’s decision.

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