MeitY notifies IT Amendment Rules, 2022

The Ministry of Electronics and Information Technology (MeitY) has notified amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021). The 2022 Amendments have heightened the compliance requirements for intermediaries, potentially increasing the risk to their safe harbour protections.

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Against Rules of the Game

Beyond such technicalities, the larger danger of the IT Rules glares through when the court observes that, “people would be starved of the liberty of thought and feel suffocated to exercise their right of freedom of speech and expression, if they are made to live in present times of content regulation on the internet with the Code of Ethics hanging over their head as the Sword of Damocles.”

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Accountability with a Cost

In the polarised environment that we now inhabit, there are few public agreements. One of these rare instances is an agreement that social media is broken. For many commentators, this is an area that needs urgent government intervention. But the form and shape of this intervention becomes again an issue of adversarial contest and controversy. This issue is fundamental to how today’s information ecology operates as large Silicon Valley platforms have become gatekeepers of social behaviours and the tremendous power they hold is anti-democratic.

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