Intermediaries And Digital Media Rules 2021

Introduction

The Central Government, on 25 February 2021, notified the Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules 2021 (Rules) under the Information Technology Act 2000 (IT Act), which will supersede the Information Technology (Intermediary Guidelines) Rules 2011 (2011 Rules). The Rules will regulate entities transmitting content through digital media and will also apply to intermediaries and publishers operating in India as well as overseas entities or platforms that target Indian users.

Due Diligence Requirements for Intermediaries

The Rules came into effect on 25 February 2021. However, the provisions pertaining to due diligence requirements for significant social media intermediaries have been given a lead time of three months from the date of notification of the threshold of a significant social media intermediary (i.e. 25 February 2021) to implement the prescribed measures. Non-compliance with