Introduction

On 28th October 2022, the Ministry of Electronics, and Information Technology(“Meity”) published Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2022(“Amendment”) wherein certain amendments were introduced with respect to the publication and compliance to terms of use and privacy policy of an intermediary, respect to constitutional rights, constitution of grievance appellate committee by the central government. A copy of the Amendment is available at https://egazette.nic.in/WriteReadData/2022/239919.pdf .

Conclusion

The Amendment to the Intermediary Guidelines indicates efforts taken to ensure more transparency in the functioning of intermediaries in India. It aims at the following:

  • Easy accessibility and strengthened awareness of the users about the privacy policy and the user agreement governing the terms and conditions of availing services through intermediary.
  • More responsibility on the intermediary by requiring it to not only publish the privacy policy and user agreement but also to take reasonable measures to ensure compliance of it and the Intermediary Guidelines by the users.
  • Importance given to the rights of a citizen under the Constitution especially with respect to speech, life, and privacy.
  • A systematic grievance redressal mechanism through the constitution of an Appellate Authority to address any aggrieved user from the decision of the Grievance officer of an intermediary and by developing an online dispute resolution mechanism.
  • A quick resolution time of 72 hours for any complaint pertaining to any violation of Rule3(1)(b) by removal of any misinformation by the intermediary unless it is an information which infringes any intellectual property rights, belong to any other person and/or is in breach of applicable laws.