Analysis of Intermediary Guidelines and Digital Media Ethics Code, 2021
![handle is hein.journals/ijlmhs12 and id is 1189 raw text is: International Journal of Law) Management & Humanities
Analysis of Intermediary Guidelines and
Digital Media Ethics Code, 2021
NOORITA KARNIKI
ABSTRACT
This research paper attempts to analyse the Information Technology (Intermediary
Guidelines and Digital Media Ethics Code) Rules, 2021. The author delves into the
various legalities of these rules and how they affect the different verticals. The paper
divides the analysis according to different verticals that will be affected by the Rules,
namely, i) social media intermediaries like Facebook, Instagram, Twitter, ii) OTT
platforms like Netflix, Amazon Prime and lastly iii) news and current affairs content
providers like The Wire, LiveLaw. The author also looks into the intermediary rules of
different countries, thereby providing a global perspective.
I. INTRODUCTION
Privacy On 25th February, 2021, the Ministry of Electronics and Information Technology
(herein after referred to as MeitY) and the Ministry of Information and Broadcasting
(herein after referred to as MIB), notified the Information Technology (Intermediary
Guidelines and Digital Media Ethics Code) Rules, 2021(herein after referred to as IT
Rules, 2021). These rules brought with them a wave of criticism from all the stakeholders
who are directly and indirectly affected by these guidelines. As always, there were one set
of people who found solace after a long wait for the much-needed legislation to regulate
the over-the-top (hereinafter referred to as OTT) platforms like Netflix, Amazon Prime,
AltBalaji, etc. The other set looked at these rules as camouflage for government
surveillance and strategic censoring, which violated the fundamental right to freedom of
thought and expression.
II. NEED FOR REGULATION OF OTT PLATFORMS AND INTERMEDIARIES
We have been through some unprecedented times in 2020 with the novel coronavirus. With
the whole world shutting down offices and staying in their homes, we saw a major shift
towards various online platforms. This gave us a reality check regarding the level of
1 Author is a fellow at Daksha Fellowship, specialising in Technology Law and Policy. She has completed her
Bachelors in Law from Mumbai University and is an advocate at the Bar Council of Maharashtra and Goa.
© 2021. International Journal of Law Management & Humanities [ISSN 2581-5369]
1155
[Vol. 4 Iss 4; 1155]](ViewImageLocal?handle=hein.journals/ijlmhs12&div=112&collection=&method=preview&ext=.png&size=3)
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Analysis of Intermediary Guidelines and Digital Media Ethics Code, 2021
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