Intermediary Rules 2021 – Not Liberal
The Government of India has recently notified the Information Technology Rules, 2021. Rule 3 – Lack of Procedural Safeguards Rule 3 of the 2021 Rules deals with the due diligence to be observed by both social media intermediaries and significant social media intermediaries while discharging its duty. Rule 4 additionally requires a significant social media intermediary to endeavor to deploy technology-based measures, including automated tools or other mechanisms to proactively identify information that depicts any act or simulation in any form depicting rape, child sexual abuse or conduct, or any information which is exactly identical in content to information that has previously been removed or access to which has been disabled on the computer resource of such intermediary under Rule 3. C. Rule 4 – Concerns of Informational Privacy Under Rule 4 a significant social media intermediary providing services primarily in the nature of messaging is obligated to enable the identification of the first originator of the information on its computer resource as may be required by a judicial order passed by a court of competent jurisdiction or an order passed under section 69 by the Competent Authority. Furthermore, Rule 4 which relates to the identification of first originator as it involves decryption of information, is beyond the scope of the 2021 Rules as it has not been issued under Section 87.
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