Introduction
India's Ministry of Electronics and Information Technology
("MeitY") has invited public feedback on
a set of proposed amendments to the Information Technology
(Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
("Intermediary Rules") to regulate
online gaming ("Draft Amendment").
The Intermediary Rules set out specific compliance and due
diligence obligations for intermediaries operating in India. Those
platforms that comply with these requirements may rely on the safe
harbour protection granted under Section 79 of the Information
Technology Act 2000 ("IT Act") against
any liability arising due to any third-party information, content
or data hosted by them. However, under the Draft Amendment,
intermediaries involved in the provision or the advertising of
online games are required to comply with additional due diligence
obligations to remain eligible for the safe harbour protection.
