Note On The Information Technology (Guidelines For Intermediaries And Digital Media Ethics Code) Rules, 2021

After a long tussle between the industry, judiciary and the Government over how to regulate intermediaries and its different forms, digital media et al., the Central Government has notified the Information Technology (Guidelines For Intermediaries And Digital Media Ethics Code) Rules, 2021 ("Rules") using the authority given to the Central Government under Section 79 and 87 of the Information Technology Act, 2000 ("Act"). Under Section 87 of the Act, the Central Government has the power to make rules to carry out the provisions of the Act. Section 79 of the Act puts an obligation on the intermediaries¹ to follow due diligence measures and such other guidelines during the performance of their duties, as maybe prescribed by the Central Government. These Rules supersede the Information Technology (Intermediary Guidelines) Rules, 2011, which were applicable to intermediaries only. The new Rules have, inter alia considerably expanded the scope of regulation on