IT Intermediary Guidelines and Digital Ethics Code Rules 2021

IT Intermediary Guidelines and Digital Ethics Code Rules 2021

Compliance with the new ‘”the information Technology (intermediary guidelines and digital ethics code) rules,2021″

Ministry of Electronics & Information Technology asks all social media intermediaries compliance details over the new ‘the InformationTechnology (Intermediary Guidelines and Digital Ethics Code) Rules, 2021’.



Right of Privacy

The Government Respects the Right of Privacy and Has No Intention to Violate it When WhatsApp is Required to Disclose the Origin of a Particular Message

Such Requirements are only in case when the message is required for Prevention, Investigation or Punishment of Very Serious Offences related to the sovereignty and integrity of India, the security of the State, friendly relations with foreign states, or public order, or of incitement to an offense relating to the above or in relation with rape, sexually explicit material or child sexual abuse material.

Right to Privacy is a Fundamental Right

  • The Government of India recognizes that the ‘Right to Privacy is a Fundamental Right and is committed to ensuring the same to its citizens.
  • On this issue, Union Minister Shri Ravi Shankar Prasad has stated that “the Government of India is committed to ensuring the Right of Privacy to all its citizens but at the same time it is also the responsibility of the government to maintain law and order and ensure national security.”
  • Minister Shri Ravi Shankar Prasad also stated that “none of the measures proposed by India will impact the normal functioning of WhatsApp in any manner whatsoever and for the common users, there will be no impact”
  • As per all established judicial dictum, no Fundamental Right, including the Right to Privacy, is absolute and it is subject to reasonable restrictions. The requirements in the Intermediary Guidelines pertaining to the first originator of information are an example of such a reasonable restriction.
  • When Rule 4(2) of the Intermediary Guidelines is examined through the test of proportionality then that test is also met. The cornerstone of this test is whether a lesser effective alternative remedy exists.
  • As per the Intermediary Guidelines, the originator of information can only be traced in a scenario where other remedies have proven to be ineffective, making the same a last resort measure. Moreover, such information can only be sought as per a process sanctioned by the law thereby incorporating sufficient legal safeguards.

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