Compliances By An Intermediary Under Information Technology (Intermediary Guidelines And Digital Media Ethics Code) Rules, 2021

Article by Vijay Pal Dalmia, Advocate, Supreme Court of India and Delhi High Court, Partner & Head of Intellectual Property Laws Division, Vaish Associates Advocates, India

That the Ministry of Electronics and Information Technology in the year 2021 has notified the  new Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021¹ ("Intermediary Rules") under Section 87 of the Information Technology Act, 2000 ("IT Act") and in supersession of the Information Technology (Intermediaries Guidelines) Rules, 2011.

As per Section 2(1)(w) of the IT Act, an  "intermediary", with respect to any particular electronic records, means 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