Shivya Verma & Khushboo Bothra, BBA-LLB, UPES, School of law
ABSTRACT
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 were notified by the Ministry of Electronics and Information Technology on 25 February 2021. The rules have brought changes under the IT Act 2000 to make the internet space more regulated and accountable. The notification has introduced reforms for social media intermediaries, OTT platforms, and digital news media. These reforms include major policy changes as well as personnel changes among the giant companies in the internet arena. They aim to provide a safe space for internet users and age-appropriate content along with a mechanism providing timely redressal to all. Furthermore, there has been an emphasis to protect people who are vulnerable to the internet space like women and children. The changes also prescribe punishment under the law if the tech giants and their users fail to comply with them. The laws have been criticized on the grounds of violation of privacy, censorship, and mass surveillance. They also are ambiguous which leaves the public with doubt and uncertainty. This is giving rise to conflict among internet users and the government. The solution is striking a balance. There needs to be regulation but it should not interfere with one’s privacy. This paper goes through all the major clauses of the IT Rules 2021 and analyses them in the light of what is a necessary data protection requirement and what breaches user’s privacy. This paper also elucidates on certain immunities and harbours that intermediaries have in case their platform is misused for any objectionable content by a user. At the end, there are certain adjusting improvements that are enumerated which can make these rules more effective and user-friendly.
Keywords: IT Rules, internet, digital news, users, privacy
