GUIDELINES FOR INTERMEDIARIES AND DIGITAL MEDIA ETHICS CODE (India)

Author: Rashmi Grover

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Publisher: Nagashima Ohno & Tsunematsu

Journal / Book: NO&T Asia Legal Review No.33 (March, 2021)

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*Please note that this newsletter is for informational purposes only and does not constitute legal advice. In addition, it is based on information as of its date of publication and does not reflect information after such date. In particular, please also note that preliminary reports in this newsletter may differ from current interpretations and practice depending on the nature of the report.

Introduction
On 25 February 2021, the Government India notified the new Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“New Intermediary Rules”) under the Information Technology Act, 2000 (“IT Act”) in supersession of the Information Technology (Intermediary Guidelines) Rules, 2011. The New Intermediary Rules impose additional obligations on intermediaries, in particular, social media intermediaries and aim to regulate online content by prescribing a code of ethics. The New Intermediary Rules will be jointly administered by the Ministry of Electronics and Information Technology (MeitY) which will regulate obligations on intermediaries and the Ministry of Information and Broadcasting (MIB) which will administer the code of ethics and related procedures applicable to publishers of digital content. The key provisions of the New Intermediary Rules are summarized below.

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