Ministry of Electronics & IT Releases FAQs to Address Queries on
IT Rules, 2021 (Part II)
Rajeev Chandrasekhar, Minister of State for Electronics
& Information Technology, released on 1 November 2021 a document clarifying
the doubts and explaining the nuances of the due diligence to be followed by
intermediaries as part of Information Technology (Intermediary Guidelines and
Digital Media Ethics Code) Rules, 2021 (hereinafter referred to as “IT Rules,
2021”). In response to general queries received by MeitY
on these Rules, Frequently Asked Questions (FAQs) have been prepared. The FAQs
are limited to Part II of these Rules to be administered by MeitY.
While releasing the FAQs document, Shri Rajeev
Chandrasekhar said that India is one of the foremost countries in the world to
harness the power of technology for primarily 3 objectives which includes
transforming lives of People, Creating & expanding economic opportunities
by expanding digital economy and developing capabilities in strategic areas.
Shri Rajeev Chandrasekhar said that government is
committed to provide Open, Safe & Trusted and Accountable internet to all
users whose number is increasing both in urban and rural areas.
FAQ & its
significance
This FAQ, consisting of 28 questions, attempts to respond
to general queries on these Rules in a simple and easily understandable manner
for a common user and also for intermediaries.
The FAQ consists of Four
sections, namely-
·
Section I: Basic
Information
·
Section II: Basic
Terminology and Scope of the Rules
·
Section III: Due
Diligence by an Intermediary
·
Section IV:
Additional Due Diligence by Significant Social Media Intermediaries (SSMI)
·
Section V:
Non-Compliance to Intermediary Rules
Section I comprises of the basic information like-
objective of these rules; effective date; process followed in evolving these
rules; major changes over the erstwhile Intermediary Guidelines Rules 2011; how
these rules can be leveraged for enhancing safety of women & children from
potential harms; how these rules are also consistent with the requirement of
safeguard against user’s privacy, freedom of speech & expression being
fundamental rights; how user can be benefitted, etc.
Section II comprises of the basic terminology and scope
of the Rules like- which entities can qualify as ‘intermediary’; which
intermediaries qualify as a ‘social media intermediary’; and ‘significant
social media intermediaries’ (SSMI), etc.
Section III comprises of the nuances of the due diligence
to be followed by intermediaries like- information to be provided by the
Appropriate Govt.; what and how much user information to be retained by
intermediary; prominently publishing of grievance officer details; adherence to
various prescribed timeframes by intermediary, etc.
Section IV comprises of the nuances of the additional due
diligence to be followed by SSMI like- modalities in appointing designated
manpower resources based in India; details of monthly compliance reports &
their level of granularity; etc.
Section V comprises of the grounds of Non-Compliances to
Intermediary Rules.
In order to ensure an Open, Safe & Trusted Internet
and accountability of intermediaries including the social media intermediaries
to users, Government of India has notified the Information Technology
(Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
(hereinafter referred to as “IT Rules, 2021”) on 25th February, 2021. Part II
of these Rules, administered by MeitY, prescribe the
due diligence to be followed by all intermediaries as well as the additional
due diligence to be followed by significant social media intermediaries.
Part III of the Rules, administered by the Ministry of
Information & Broadcasting (MIB), also provide guidelines to be followed by
publishers of news & current affairs and also online curated content
providers.