Reviewing The Information Technology (Intermediary Guidelines And Digital Media Ethics Code) Rules, 2021
Dr. Bindu Variath, Associate Professor and Principal (I/C), GJ Advani Law College, University of Mumbai
ABSTRACT
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, introduced by the Government of India, have sparked significant discussions and debates within the technology and media sectors. This article provides a comprehensive analysis of the rules, highlighting their implications and exploring the challenges they pose to the digital media landscape. The rules aim to regulate digital media platforms, social media intermediaries, and over-the-top (OTT) platforms, with the objective of establishing a framework for responsible and accountable online content dissemination. They introduce obligations such as appointing grievance redressal mechanisms, adhering to a code of ethics, and providing transparency in content moderation practices. The rules also include provisions regarding user-generated content, removal of unlawful content, and the identification of the "first originator" of objectionable information. This article critically examines the potential impact of these rules on freedom of speech, privacy, and the functioning of digital media intermediaries. It explores concerns related to the broad definition of "significant social media intermediaries," the implications of mandated content takedown and the "first originator" clause, and the challenges faced by smaller platforms and startups in complying with the regulatory requirements. Furthermore, the article discusses the role of automated content moderation systems and the need for accountability and transparency in their implementation. The analysis is supported by comparative studies of similar regulatory frameworks implemented in other countries, offering insights into global practices and experiences. Additionally, the article delves into the legal and constitutional aspects of the rules, discussing potential conflicts and ambiguities that may arise in their interpretation and enforcement. In conclusion, this article presents a comprehensive examination of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. It highlights the potential implications and challenges associated with the implementation of these rules, emphasizing the need for a balanced approach that safeguards freedom of speech while ensuring responsible and accountable digital media practices. The findings of this study contribute to the ongoing discourse on digital governance and provide valuable insights for policymakers, stakeholders, and scholars involved in the field of information technology and media regulation.
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