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Government seeks comments on proposed draft for amendment in IT Rules, 2021

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Shreyoshi Guha
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Government seeks comments on proposed draft for amendment in IT Rules, 2021

The Ministry of Electronics, Information and Technology (MeitY) has sought comments on the proposed draft for amendments in Information Technology Rules, 2021 (Intermediary Guidelines and Digital Media Ethics Code).

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The proposed draft introduces the concept of “Grievance Appellate Committee” and defines it as ‘an appellate committee constituted to deal with appeals by users against the decision of the Grievance Officer’.

Further, the amendments propose the constitution of the Grievance Appellate Committee, the timeline for disposal of appeals (30 days), and mandatory compliance with the orders passed by the committee.

The draft also proposes additional due diligence mechanisms for intermediaries under Part- II of the IT Rules.

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The draft calls for due diligence and a grievance redressal mechanism by the intermediaries, along with a prominent display of all policies and user privacy documents.

The draft asks intermediaries to publish the name and contact of the grievance officer on the app for the users, and ensure complaint acknowledgement. The draft also seeks action against nudity within 24 hours and asks intermediaries to set up a grievance redressal commission.

The social media intermediaries have been asked to observe measures to ensure better coordination.

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The draft also seeks the appointment of a Chief Compliance Officer who will ensure compliance with the Act, the appointment of a nodal official who shall be available round the clock for coordinating with the law and enforcement agencies, and the appointment of a resident official who shall reside in India.

Social media intermediaries responsible for primarily messaging will have to keep a tab on first message originator, and social media intermediaries of significance will have to deploy a mechanism to counter explicit and violent content on their platforms.

The draft also explains how intermediaries which are not of significance will also have to abide by the rules, if the services of that intermediary permit the publication or transmission of information in a manner that may create a material risk of harm to the sovereignty and integrity of India, security of the State, friendly relations with foreign States or public order.

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With regards to intermediaries publishing news and current affairs content, the draft mentions that the intermediaries will have to mention a clear and concise statement informing publishers of news and current affairs content, terms of service for all users and also publish details of their user accounts.

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