The Ministry of Electronics and Information Technology (MEITY) on October 28, 2022 notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2022 to further amend Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 it has come into force on October 28, 2022.
The amendments are as follows:-
• Under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. In rule 2 that provides “definitions” in sub-rule (1), after clause (k), the following clause shall be inserted, namely:-
“(ka) „Grievance Appellate Committee‟ means a grievance appellate committee constituted under rule 3A;”.
• Under rule 3 that states “Due diligence by an intermediary “of the said rules,—
In (i) sub-rule (1),— (i) for clauses (a) and (b), the following clauses shall be substituted namely:—
“(a) the intermediary shall prominently publish on its website, mobile based application or both, as the case may be, the rules and regulations, privacy policy and user agreement in English or any language specified in the Eighth Schedule to the Constitution for access or usage of its computer resource by any person in the language of his choice and ensure compliance of the same;
(b) the intermediary shall inform its rules and regulations, privacy policy and user agreement to the user in English or any language specified in the Eighth Schedule to the Constitution in the language of his choice and shall make reasonable efforts to cause the user of its computer resource not to host, display, upload, modify, publish, transmit, store, update or share any information mentioned in the sub-clauses (i)-(ix) of the principle rules.
In (ii) for clause (f), the following clause shall be substituted, namely:—
“(f) the intermediary shall periodically, and at least once in a year, inform its users in English or any language specified in the Eighth Schedule to the Constitution in the language of his choice of its rules and regulations, privacy policy or user agreement or any change in the rules and regulations, privacy policy or user agreement, as the case may be”.
• After rule 3 of the principle rules, the following rule shall be inserted, namely:—
“3A. Appeal to Grievance Appellate Committee(s). — (1)-(7)
(1) The Central Government shall, by Notification, establish one or more Grievance Appellate Committees within three months from the date of commencement of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2022.
[Notification No. G.S.R. 794(E)]
