Impact of IT Rules 2021 on Intermediaries

MediaNama held an online discussion on the impact of the IT Rules 2021 on intermediaries on April 26, 2021. The new regulations represent a sea change in how internet intermediaries, which include platforms and social media, will be governed in India. The rules will impact citizens’ free speech since they make changes to how companies will moderate what users are permitted to say online.

We spoke to industry experts and constitutional lawyers to understand the impact and reach of the rules, how they would be interpreted and implemented, the challenges they are likely to throw. We also tried to understand whether the new regulations pass legal muster and if they would present challenges in terms of constitutionality. Lastly, one of the key demands, also a controversial one, of the Indian government has been traceability of the originator — that the significant social media intermediaries must be able to trace who sent a message first, in order to aid law enforcement.

The discussion was held with support from Google.