Review Article Open Access

Information Technology Rules, 2021 of India in dock! A Critical evaluation of the ‘Guidelines for Intermediaries and Digital Media Ethics Code

Abstract

When rules are challenged in courts, it becomes necessary to examine them critically. This review article tries to evaluate the guidelines and provisions the new Information Technology rules 2021 provide against objectionable user-generated content. From the value and trustworthiness perspective, the study evaluates whether these rules intend to bring government control or rather regulate the social media and digital news platforms or they make users and the tech giants more responsible in these changing times. This study also evaluates the worthiness of doubts raised on the alleged unconstitutionality of some of its provisions related to rights of free expression and privacy for millions of internet users in India. Based on the secondary data and sourced interview of the involved parties, this study tries to find out the relevance of these rules and also the reasons which compelled the Indian government to come out with this social media ethics code at this juncture and what are the ways ahead for the intermediaries operating in India.

Amit Kumar*, Dr. Amaresh Jha

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