Government Released FAQs On The IT Rules, 2021: Explained

Introduction

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("IT Rules, 2021") were enacted in February 2021, imposing strict due diligence requirements on intermediaries. On various grounds, a spate of petitions were filed in India's High Courts contesting the constitutional validity of the IT Rules, 2021.

In our previous posts here, here and here on the Rules, we had discussed the provisions of the IT Rules pertaining to intermediaries.

The Ministry of Electronics and Information Technology, ("the Ministry") on 1 November, 2021 issued a series of Frequently Asked Questions ("FAQs") to clarify the IT Rules, 2021. The current article examines the FAQs and examines the applicability, due diligence provisions, penalties, and other issues relating to social media intermediaries.