Frequently Asked Questions (FAQs) On The Information Technology Rules, 2021 – Demystifying The Interpretational Ambiguity

Introduction

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("IT Rules, 2021") recently were subject to review by the Courts when digital media platforms questioned the constitutional validity of specific provisions concerning the prescribed "Code of Ethics" and termed it as an attempt to restrict the freedom of speech and expression (refer to our article here)¹. The IT Rules, 2021 were formulated after years of discussions and debates, and were primarily formulated for monitoring social media and digital media platforms and empowering the users of social media by establishing a three-tier redressal mechanism for efficient grievance resolution (refer to our previous article here)². The Ministry of Electronics and Information Technology ("MEITY") on November 1, 2021 issued a compendium of frequently asked questions ("FAQs") and provided relevant clarifications vis-à-vis the IT Rules, 2021. These FAQs attempt to