The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2022

Partners: Rahul Matthan, Nikhil Narendran and Jyotsna Jayaram, Senior Associates: Karishma Sundara and Thomas J. Vallianeth, Associate: Kuruvila M Jacob

Introduction

On 28 October 2022, the Central Government notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2022 (2022 Amendment), with immediate effect. Shortly after, in official press statements, the Government emphasised that the 2022 Amendment ushers in a collaborative accountability framework to build an open, safe and trusted cyberspace for Indian netizens. Intermediaries that do not comply with the ‘due diligence’ obligations mandated under the 2022 Amendment (which amends the Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021 (2021 IT Rules)), risk losing the safe harbour protection (i.e., immunity from liability for any third-party content) under Section 79 of the Information Technology
Act, 2000 (IT Act). (To read our detailed update on the 2021 IT Rules, click here.)

The 2022 Amendment largely mirrors the draft circulated for public consultation in June this year, with some key additions. While the precise manner in which some of the amendments will be enforced is unclear, we have set out an overview below.

Download PDF to read more