On October 28, 2022, the Ministry of Electronics and Information Technology (“MEITY”) notified [1] the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2022 (“Amendment Rules,”). The amendment rules provide changes to certain provisions of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Intermediary Rules”),
MEITY introduced the Amendment Rules on the following principles by press note dated June 6th, 2022:
(a)The internet should be open, safe & trusted and accountable for all Indians using the internet.
(b) That all online intermediaries providing services in India shall never contravene the Indian constitution, laws and rules, and follow them in letter and spirit.
(c) Unlawful and harmful information violative of their own terms and conditions shall be quickly removed when reported by users, while also providing the users a reasonable opportunity to respond in case of significant social media platforms.
(d) The Intermediary Rules provide for a robust grievance redressal mechanism. However, there have been many instances that grievance officers of intermediaries either do not address the grievances satisfactorily and/or fairly. Thus, the need for an appellate forum has been proposed to protect the rights and interests of users,
Consequently, on this backdrop, with the Amendment Rules MEITY imposed additional obligations on intermediaries[2] and introduction of Grievance Appellate Committee.