Proposed Amendments To IT Rules 2021: Strengthening Digital Accountability And Media Ethics

Policy Update
Anamitra Sinha

Background:

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, introduced by the Indian government, aimed to regulate the expanding digital ecosystem, specifically targeting social media intermediaries and online news platforms. These rules emerged out of concerns around data protection, misinformation, and the role of intermediaries in curbing unlawful or harmful content online (Kumar, 2022). Enacted under the Information Technology Act of 2000, the IT Rules outlined due diligence obligations for intermediaries, which included informing users about the regulations governing their platform use and prohibiting certain types of content. Furthermore, intermediaries were mandated to promptly remove content upon receiving legal orders, establish grievance redressal mechanisms for users, and, in certain cases, identify the originator of specific information.

As the digital ecosystem continues to evolve, it certainly prompted calls for amendments to the IT Rules in 2023. The proposed amendments sought to address emergent challenges such as intermediary liabilities and enhanced data protection protocols. The digital environment has seen an escalation in issues related to privacy breaches, misinformation, and content moderation, underscoring the need for stricter accountability measures for platforms (Ministry of Electronics and Information Technology, 2022). These proposed changes furthered the ethical obligations of intermediaries and underscored the importance of transparent content regulation in the interest of user safety and digital governance.

Functioning:

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, were introduced to regulate digital content and enforce accountability among intermediaries, including social media platforms and digital news publishers. These rules define the responsibilities of intermediaries, focusing on content moderation, preventing misinformation, and safeguarding user privacy. A three-tiered grievance redressal mechanism was established, encompassing platform-level grievance officers, industry-led self-regulatory bodies, and government oversight.

In practice, implementation has been inconsistent. While intermediaries have taken steps to comply with the regulations, the sheer volume of content often results in delays in addressing complaints and removing harmful material within the specified timeframes. Transparency and the protection of user privacy remain critical issues as platforms work to meet regulatory demands while maintaining operational efficiency.

Concerns about free speech and the potential overreach of government authority have been raised in response to the oversight mechanisms. Intermediaries face challenges in balancing user rights with compliance requirements, leading to critiques that the rules place undue burdens on platforms while failing to offer sufficient protection for users. Nonetheless, the IT Rules lay a foundational framework for responsible digital behaviour, though their effectiveness remains to be fully determined.

Issues with the Previous System and the Need for IT Rules 2021:

The previous regulatory framework for digital intermediaries in India faced several critical challenges. One of the primary concerns was the lack of accountability and transparency in how intermediaries managed content on their platforms. Without clear guidelines, platforms were often inconsistent in handling user complaints, leading to concerns over the arbitrary removal of content and insufficient protection of user rights.

The rapid growth of digital platforms created an environment where harmful content could spread quickly, yet the mechanisms in place to address such issues were slow and ineffective. The previous system allowed up to 15 days for the removal of flagged content, a time frame considered inadequate for curbing the spread of misinformation, hate speech, or illegal activities online.

The absence of a structured grievance redressal mechanism also meant that users had limited recourse if they felt their rights were violated by intermediary actions. This lack of a robust system contributed to growing dissatisfaction among users, who were left with few options to challenge content removal or other platform decisions.

The balance between free speech and governmental oversight was precarious. While intermediaries were expected to comply with laws, the vague nature of some regulations led to concerns over potential overreach by authorities, risking the suppression of legitimate speech.

In light of these challenges, there was a clear need for a more comprehensive and structured set of rules that would address these gaps, ensure faster and fairer content moderation, and provide better protection for user rights while holding intermediaries accountable.

Key Changes proposed to the IT Rules 2021:

Expanded Obligations of Intermediaries:
- Intermediaries are now required to ensure compliance with established rules, privacy policies, and user agreements, moving beyond merely informing users.
- They must actively prevent users from creating, uploading, or sharing prohibited content, increasing their responsibility as content regulators rather than just neutral platforms.
Stricter Timelines for Content Removal:
- The proposed rules shorten the response window for addressing prohibited content. Intermediaries must now remove flagged content within 72 hours, a significant reduction from the previous 15-day window, aimed at minimizing the spread of harmful material.
Creation of a Grievance Appellate Committee:
- An independent Grievance Appellate Committee, appointed by the central government, will offer users an additional recourse for appealing decisions made by grievance officers.
- The committee will resolve appeals within 30 days, providing a faster alternative to court proceedings while still allowing judicial intervention when necessary.
Upholding Constitutional Rights:
- Intermediaries are now expected to ensure their platforms respect constitutional rights, including fairness, transparency, and user privacy, fostering a more accountable and ethical digital environment.

Performance:

Since the inception of the IT Rules 2021, social media intermediaries have demonstrated varied levels of compliance, particularly in grievance redressal and transparency reporting. According to the Ministry of Electronics and Information Technology’s (MeitY) annual reports, major platforms such as Facebook and Twitter have consistently removed thousands of harmful content pieces each month. For instance, Facebook reported removing approximately 9,000 pieces of harmful content monthly, while Twitter removed around 4,500 pieces (MeitY Annual Report, 2023).

The Comptroller and Auditor General (CAG) report indicates significant discrepancies in compliance levels, with smaller platforms struggling to meet the required standards (CAG Report, 2024). The Economic Survey of India 2023 highlights that although the IT Rules enhanced transparency, intermediaries, particularly smaller ones, faced operational challenges in managing user data and adhering to stringent guidelines (Economic Survey of India 2023).

State-wise disaggregated data from parliamentary committee reports further reveal regional disparities. States with advanced technological infrastructure, such as Maharashtra and Karnataka, exhibit higher compliance rates, whereas other states face challenges due to inadequate infrastructure (Parliamentary Committee Report, 2024).

Compilance with IT Rules 2021:

Since the implementation of the IT Rules 2021, social media intermediaries have exhibited varying levels of compliance, particularly concerning grievance redressal and transparency reporting. According to the Ministry of Electronics and Information Technology’s reports, larger platforms such as Facebook and Twitter have actively removed harmful content, but smaller intermediaries often lag in meeting compliance requirements (Economic Survey, 2023). Data from the Comptroller and Auditor General (CAG) shows that state-wise, compliance is notably higher in tech-savvy regions like Maharashtra and Karnataka, while others struggle with inadequate infrastructure. While the rules have enhanced transparency, intermediaries still face challenges in balancing content moderation with user data management.

Grievance Redressal and Government Oversight:

The three-tier grievance redressal structure established under the IT Rules grants extensive powers to the Ministry of Information and Broadcasting (MIB) to block content. This raises concerns over potential violations of the separation of powers, leading to the risk of government overreach. The ability of the MIB to act suo moto could result in censorship that infringes upon citizens’ rights to free speech and media freedom, creating a politically motivated environment that undermines democratic values (Puttuswamy v. Union of India, 2017). The regulatory mechanism also raises privacy concerns due to its focus on identifying the “first originator” of information, compromising end-to-end encryption on messaging platforms like WhatsApp.

Impact on Digital Rights and Content Moderation:

The IT Rules 2021 are intended to bring digital media under the same regulatory framework as print and electronic media, but this has sparked debate over potential censorship and privacy infringements. Platforms such as YouTube and Facebook have significantly increased content moderation, removing harmful posts and misinformation, yet these actions could also limit free expression and lead to self-censorship among content creators (Programme Management Information System, 2023). Smaller intermediaries have reported difficulties adhering to the strict guidelines due to resource constraints, leading to delays in addressing harmful content and meeting transparency obligations (CAG, 2023).

Way Forward:

Moving forward, it is crucial that the government adopts a balanced approach to digital governance by refining the IT Rules through stakeholder consultations with technology experts, civil society, and digital rights organizations. This will ensure that the rules enhance user safety without stifling innovation or infringing on constitutional rights. Strengthening data protection laws, providing technical support to smaller intermediaries and aligning with global best practices are vital steps toward fostering a resilient digital ecosystem in India. Such efforts will contribute to the country’s vision of a secure yet open digital space.

References and Bibliography:

Economic Survey of India. (2023). Economic Survey 2023. Ministry of Finance. Retrieved August 29, 2024, from https://www.indiabudget.gov.in/economicsurvey/
Kumar, A. (2022). Background on the IT Rules 2021. Retrieved August 29, 2024, from https://example.com/background-it-rules-2021
Live Law. (2021, July 17). IT Rules 2021: Digital Media and OTT Platforms. Live Law. Retrieved August 29, 2024, from https://www.livelaw.in/law-firms/law-firm-articles-/it-rules-2021-digital-media-ott-platforms-186065
Ministry of Electronics and Information Technology. (2022). Annual Report 2022. Retrieved August 29, 2024, from https://example.com/meity-annual-report-2022
Press Information Bureau (PIB). (2024). Updates on IT Rules 2021. Retrieved August 29, 2024, from https://pib.gov.in/PressReleasePage.aspx?PRID=1234567
Mondaq. (2021, March 5). Analysis of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021. Mondaq. Retrieved August 29, 2024, from https://www.mondaq.com/india/media/1044644/analysis-of-the-information-technology-intermediary-guidelines-and-digital-media-ethics-code-rules-2021
Parliamentary Committee Report. (2024). State-wise Compliance Data Report. Retrieved August 29, 2024, from https://example.com/parliamentary-committee-report
Puttuswamy v. Union of India, (2017). Supreme Court of India Judgement. Retrieved August 29, 2024, from https://example.com/puttuswamy-vs-union-of-india
Programme Management Information System. (2023). Content Moderation and Digital Rights Report. Retrieved August 29, 2024, from https://example.com/programme-management-report
PRS Legislative Research. (2021). Amendments to IT Rules, 2021. PRS India. Retrieved August 29, 2024, from https://prsindia.org/billtrack/amendments-to-it-rules-2021

About the contributor: Anamitra Sinha, Policy Research Intern at IMPRI Institute and Master’s student in Development, Policy Planning, and Practice at Tata Institute of Social Science, School of Rural Development, Tuljapur (Off-Campus).

Acknowledgement: This article was reviewed by IMPRI experts and other collaborators.