Section 79 of the Information Technology Act shields intermediaries from liability against content posted by third parties, provided the intermediary complies with certain conditions laid out in the provision and rules notified thereunder.
After the subsequent Intermediary Liability Guidelines of 2011 which nurtured an open and progressive internet ecosystem and based on the comments received on the Draft Information Technology [Intermediaries Guidelines (Amendment) Rules] 2018, the Information Technology (Intermediary Guidelines and Digital Media Code of Ethics) Rules, 2021 (IT Rules, 2021) were notified. The IT Rules, 2021 envisage the new regime governing the internet ecosystem and also loops in over the top service providers and digital news media within their ambit in a stark shift from the Draft IT Rules, 2018.
While the aim to tackle the growing law and order challenges is legitimate, it is important to ensure that such actions do not lead to over-regulation leaving a deleterious impact on the fundamental right to privacy and free speech of the users. Thus, in order to evaluate and analyse the impact of the IT Rules, 2021 on India’s intermediary liability ecosystem, the feasibility of the changes introduced and the pros and cons of the new regime, the Dialogue organised a Virtual Stakeholder Consultation on April 23.
A host of speakers from intermediaries, government, judiciary, media and civil society were part of the different panels. The discussions centered around deploying proactive monitoring tools; Decluttering the traceability mandate; Analysing the impact of personal liability of compliance officers on ease of doing business and free expression and the debate on regulating digital news media and OTT platforms.
