A week ago, on November 01, 2021, the Indian Ministry of
Electronics and Information Technology
("MEITY") released a set of Frequently
Asked Questions ("FAQs"). These were
issued with the objective to provide clarity on the application of
the Information Technology (Intermediaries Guidelines and Digital
Media Ethics Code), Rules, 2021
("Rules"), issued under the Information
Technology Act, 2000 earlier this year. The Rules substantially
modified the regime governing 'intermediaries', you will
remember. For a quick refresher on the Rules and how they impact
digital businesses, you can access our materials
here.
It is worth noting that these FAQs are not legally binding, or a
restatement or modification of the Rules. These may provide some
insight into the regulatory intent behind some provisions of the
new Rules, and indications on how certain parts of the Rules may be
enforced. For this reason, these FAQs make useful reading.
