Amendment To It Rules 2021

Recently on 7th April, central government notified about changes made to IT Rules,2021. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2023, as notified by the central government, aims at regulating online gaming and role of intermediaries- social media agencies such as Twitter and Facebook to ensure not posting content that has been disapproved by ‘fact-checking’ authority. 

The IT Rules were notified in Feb 2021 whose main focus was to regulate the social media, digital media and OTT platforms with greater diligence in context to the content on the platforms. The rules provides a outline or a structure for regulation of social media, digital media and OTT platforms in context to the content they present. OTT players are not permitted to transmit any content which is prohibited by law and have to undertake age based classification of the content along with safeguards to ensure that non-appropriate content is restricted for children. The striking feature that was brought by the rules was establishing a grievance redressal mechanism to address the complainants and issues of the users. The companies will be required to acknowledge the complain of users within 24 hours and resolve them within 15 days. However, these rules faced backlash on the grounds of being restrictive. It was contended that they might serve as tool for government to control the activities of people on internet. Unpopular opinions might be curbed by the government under the name of law. The grounds of restriction are broad and puts unnecessary bar on freedom of speech. Possibility of Misuse of power was quite evident. 

The focus of the new changes is on regulation of online gaming. There are 1130 gaming startups in India as per data in Jan 2023. There is no doubt that the market of digital goods and services will not increase. With the largest population in the world, India requires a legal framework to secure and protect citizens from digital scams and other illegal offences. In 2019, 17 fake news were busted by the fact check unit which rose to 394 cases busted in 2020. Further, in 2021 the instances were 285 which rose to 338 in 2022. There’s an old saying prevalent in Northern States, “false news spreads like fire’ which is absolutely depicts how false news or fake news traps everyone.

The amendment includes definition of ‘online gaming intermediaries’, ‘online gaming self-regulatory body’, ‘online real money game’, ‘permissible online game’ and ‘permissible online real money game’ in the Definition Clause. The focus given on online gaming serves two purposes: first is to expand the network of online gaming through technology and innovation and second is to protect the citizens from any malpractice that could possibly harm them. The rules lays down a comprehensive framework for the umbrella of online gaming. India is witnessing increase in online gaming startups and innovative companies. As per the rule 3 (1) , the online gaming intermediaries need to follow due diligence requirements. The amendment directs intermediaries to inform their rules and regulations, privacy policy and other changes of their platform to the users and also to make sure users do not host or share anything related to Sec 3(1)(b).

The amendment requires the intermediaries to inform the users about their privacy policy, rules and regulations or changes they make at regular periods and at least once in a year. Another important amendment is Sec 4A which talks about self regulatory body. The sec says that the central government can designate as many as online gaming self-regulatory regulatory body as it deems fit to verify online real money games. These self regulating bodies also have to follow certain due diligent requirements. It has to comply with the orders of the Grievance Appellate Committee. The intermediaries are directed to  make sure that advertisement of non-permissible does not take place on their platform.

Another change that the amendment has brought is to target fake and misleading information on social media. Central government has made it mandatory for social media intermediaries to not ‘publish’, ‘share or host fake’, misleading information in respect to any business of the central government. The content which is fake and misleading will be decided by a “fact-checking” authority of the government. If the social media intermediaries such as Twitter and Facebook fail to remove the content designated as ‘fake’ or ‘misleading’ by the fact-checking unit, then the intermediaries will lose the protection. However, who or what will be the fact-checking authority is not disclosed yet. 

Opposition parties and many media firms have rejected the new rules as they, in their opinion, aims to curb the freedom of speech and expression and wants to suppress the media. After the recent action by Central Government of taking down BBC documentary on violence in Gujarat in 2002, these new changes governing the intermediaries raises doubt in the minds of people about the far sighted intention of the government. Thus, in time where dissent and opposition are being increasingly curbed believing in new changes directly related to freedom of speech and expression is hard. The Madras High Court in T M Krishna v. Union of India put a hold on the rules which provided wider power to government on the content of  OTT or digital media platforms. Same was done by Bombay HC in Agij Promotion of Nineteen One Media Pvt Ltd case. Some media organizations have challenged the constitutional validity of IT Rules,2021. Bombay High Court has stayed the provisions which are directly related to digital news websites. Thus, it is can be said that there are points in the law which raises concern regarding freedom of speech and expression in the country. There is no second thought in admiring the fact that Centre has focused on fake  and misleading news whose circulation creates state of confusion among the people. All what is needed is to have a law that curbs malpractices not  the rights of citizens.