Ashwini Vaishnaw: Announce in IN Matter

The Indian government has informed Parliament that over-the-top (OTT) platforms and social media intermediaries must prevent prohibited content under the IT Rules 2021. The rules require OTT platforms to exercise due diligence against prohibited content, and 50 OTT platforms have been disabled for public access in India over the last two years for alleged violations of the IT Act and other applicable laws. The government has highlighted its responsibilities as intermediaries, mandating them to inform users about prohibited content and to remove or disable access to unlawful content after receiving complaints or information.

Union Minister Ashwini Vaishnaw informed the Lok Sabha that the IT Rules, 2021 require OTT platforms and social media intermediaries to prevent prohibited content. This development has significant implications for online curated content and intermediaries in India. The government's stance on regulating digital content is a crucial aspect of promoting a safe and accountable digital ecosystem.

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 were notified on February 25, 2021 under the Information Technology Act, 2000. Part III of the Rules prescribes a Code of Ethics for publishers of digital news and OTT services, while complaints relating to such content are dealt with under the mechanism provided in the Rules. The government has exercised its powers under Section 79(3)(b) of the Information Technology Act, 2000 to notify intermediaries to remove or disable access to unlawful content after receiving appropriate complaints or information.

The IT Rules, 2021 have established an institutional mechanism for regulating publishers of digital news and online curated content. The government's emphasis on due diligence by OTT platforms is a significant development in the regulation of digital content. However, the exact scope and implications of these rules are yet to be fully understood. It remains to be seen how effectively the government will enforce these regulations and what measures will be taken against intermediaries that fail to comply.

The Indian government's stance on regulating digital content is a crucial aspect of promoting a safe and accountable digital ecosystem. Practitioners should closely monitor developments in this area, as the IT Rules, 2021 are likely to have significant implications for online curated content and intermediaries in India.