Wednesday 16 August 2023

Amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics code) Rules 2021

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 were amended on 6th April, 2023. The amendments were made in relation to online gaming and fake or false information about Central Government business.

The following are the key amendments made to the IT Rules, 2021:

  • Online gaming: The amendments require significant social media intermediaries (SSMIs) to take additional measures to curb illegal online gaming activities. These measures include:

    • Setting up a robust mechanism for user verification.

    • Taking down content related to illegal online gaming activities within 24 hours of receiving a complaint.

    • Disallowing the use of in-game currency for betting or gambling.

  • Fake or false information about Central Government business: The amendments require SMIs to take down content that contains fake or false information about Central Government business within 36 hours of receiving a complaint.

The amendments also establish a Grievance Appellate Committee (GAC) to hear appeals from users who are dissatisfied with the decisions of the SMIs. The GAC will consist of a chairperson and two whole-time members appointed by the Central Government.

The amendments to the IT Rules, 2021 are aimed at regulating online gaming and fake or false information in the digital space. The government hopes that these amendments will help to create a safe and secure online environment for users in India.

Here are some additional details about the amendments:

  • User verification: SMIs will be required to verify the identity of users who register for their services from India, or use their services in India. This verification can be done through a variety of means, such as the active Indian mobile number of the user. Users who have their accounts verified will be provided with a visible mark of verification.

  • Take down of content: SMIs will be required to take down content that is illegal, harmful, or violates the IT Rules, 2021 within 24 hours of receiving a complaint. This includes content related to child sexual abuse material, hate speech, and fake or false information.

  • Grievance Appellate Committee: The GAC will hear appeals from users who are dissatisfied with the decisions of the SMIs. The GAC will have the power to uphold, modify, or reverse the decision of the SMI.

The amendments to the IT Rules, 2021 are a significant step towards regulating the digital space in India. These amendments will help to protect users from harmful content and ensure that the internet is used for positive purposes.


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