Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
(1) These rules may be called the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
(2) They shall come into force on the date of their publication in the Official Gazette.
(1) In these rules, unless the context otherwise requires--
(a) 'access control mechanism' means any measure, including a technical measure, through which access to online curated content may be restricted based on verification of the identity or age of a user;
(b) 'access services' means any measure, including technical measure such as closed captioning, subtitles and audio descriptions, through which the accessibility of online curated content may be improved for persons with disabilities;
(c) 'Act' means the Information Technology Act, 2000 (21 of 2000);
(d) 'child' means any person below the age of eighteen years;
(e) 'committee' means the Inter-Departmental Committee constituted under Rule 14;
(f) 'communication link' means a connection between a hypertext or graphical element, and one or more items in the same or different electronic document wherein upon clicking on a hyper
(1) An intermediary, including 5[a social media intermediary, a significant social media intermediary and an online gaming intermediary], shall observe the following due diligence while discharging its duties, namely:--
1[(a) the intermediary shall prominently publish on its website, mobile based application or both, as the case may be, the rules and regulations, privacy policy and user agreement in English or any language specified in the Eighth Schedule to the Constitution for access or usage of its computer resource by any person in the language of his choice and ensure compliance of the same;
(b) the intermediary shall inform its rules and regulations, privacy policy and user agreement to the user in English or any language specified in the Eighth Schedule to the Constitution in the language of his choice and shall make reasonable efforts 6[by itself, and to cause the users of its computer resource to not host], display, uploa
(1) The Central Government shall, by notification, establish one or more Grievance Appellate Committees within three months from the date of commencement of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2022.
(2) Each Grievance Appellate Committee shall consist of a chairperson and two whole time members appointed by the Central Government, of which one shall be a member ex-officio and two shall be independent members.
(3) 2[Any person who is aggrieved by a decision of the Grievance Officer or whose grievance is not resolved within the period specified for resolution in sub-clause (i) of clause (a) of sub-rule (2) of rule 3 or clause (b) of sub-rule (2) of rule 3 or sub-rule (11) of rule 4A, as the case may be] may prefer an appeal to the Grievance Appellate Committee within a period of thirty days from the date of receipt of communication from the Grievance Officer.
(4) The Grievance Appellate Com
(1) In addition to the due diligence observed under Rule 3, a significant social media 2[intermediary, within three months from the date of notification of the threshold under clause (v) of sub-rule (1) of rule 2, and an online gaming intermediary that enables the users to access any permissible online real money game, shall], observe the following additional due diligence while discharging its duties, namely:--
(a) appoint a Chief Compliance Officer who shall be responsible for ensuring compliance with the Act and rules made thereunder and shall be liable in any proceedings relating to any relevant third-party information, data or communication link made available or hosted by that intermediary where he fails to ensure that such intermediary observes due diligence while discharging its duties under the Act and rules made thereunder:
Provided that no liability under the Act or rules made thereunder may be imposed on such significant social m
(1) The Ministry may, by a notification in the Official Gazette, designate as many online gaming self-regulatory bodies as it may consider necessary for the purposes of verifying an online real money game as a permissible online real money game under these rules.
(2) An entity which fulfils the following criteria may apply to the Ministry for designation as an online gaming self-regulatory body, namely:--
(a) the entity is a company registered under section 8 of the Companies Act, 2013 (18 of 2013);
(b) its membership is representative of the gaming industry;
(c) its members have been offering and promoting online games in a responsible manner;
(d) its Board of Directors is comprised of individuals of repute and do not have any conflict of interest and possess special knowledge or practical experience suitable for the performance of the functions of such self-regulatory body, and consists of--
(i) an individual having special knowledge of or
The obligations under rules 3 and 4 shall not apply in relation to online games until the expiry of a period of three months from the date on which at least three online gaming self-regulatory bodies have been designated under rule 4A:
Provided that the Central Government may, at any time before the expiry of the said period of three months, by a notification in the Official Gazette, direct that the obligations under rules 3 and 4 shall apply in relation to an online game from such date as may be specified in the notification.]
(1) If the Central Government considers it necessary so to do in the interest of the sovereignty and integrity of India or security of the State or friendly relations with foreign States or public order, or preventing user harm, it may, by a notification in the Official Gazette, for reasons to be recorded in writing,--
(a) direct that an intermediary in respect of such online game, shall observe, mutatis mutandis, the obligations under sub-clauses (ix) and (x) of clause (b) of sub-rule (1) of rule 3 and sub rules (1), (5), (6), (7), (10) and clause (d) of sub-rule (11) of rule 4 as if it is a permissible online real money game; and
(b) specify the period within which the online gaming intermediary which enables access to such online game shall observe the obligations referred to in clause (a).
(2) Where an online game is notified under sub-rule (1), the provisions of rule 4A shall apply as they apply to a permissible online real money game.
Explanation
In addition to adherence to Rules 3 and 4, as may be applicable, an intermediary shall publish, on an appropriate place on its website, mobile based application or both, as the case may be, a clear and concise statement informing publishers of news and current affairs content that in addition to the common terms of service for all users, such publishers shall furnish the details of their user accounts on the services of such intermediary to the Ministry as may be required under Rule 18:
Provided that an intermediary may provide such publishers who have provided information under Rule 18 with a demonstrable and visible mark of verification as being publishers, which shall be visible to all users of the service.
Explanation.-- This rule relates only to news and current affairs content and shall be administered by the Ministry of Information and Broadcasting.
(1) The Ministry may by order, for reasons to be recorded in writing, require any intermediary, which is not a significant social media intermediary, to comply with all or any of the obligations mentioned under Rule 4, if the services of that intermediary permits the publication or transmission of information in a manner that may create a material risk of harm to the sovereignty and integrity of India, security of the State, friendly relations with foreign States or public order.
(2) The assessment of material risk of harm referred to in sub-rule (1) shall be made having regard to the nature of services of such intermediary, and if those services permit,--
(a) interaction between users, notwithstanding, whether it is the primary purpose of that intermediary; and
(b) the publication or transmission of information to a significant number of other users as would be likely to result in widespread dissemination of such information.
Where an intermediary fails to observe these rules, the provisions of sub-section (1) of Section 79 of the Act shall not be applicable to such intermediary and the intermediary shall be liable for punishment under any law for the time being in force including the provisions of the Act and the Indian Penal Code.
(1) The rules made under this Part shall apply to the following persons or entities, namely: --
(a) publishers of news and current affairs content;
(b) publishers of online curated content; and
shall be administered by the Ministry of Information and Broadcasting, Government of India, which shall be referred to in this Part as the "Ministry":
Provided that the rules made under this Part shall apply to intermediaries for the purposes of Rules 15 and 16;
(2) the rules made under this Part shall apply to the publishers, where,--
(a) such publisher operates in the territory of India; or
(b) such publisher conducts systematic business activity of making its content available in India.
Explanation.-- For the purposes of this rule,--
(a) a publisher shall be deemed to operate in the territory of India where such publisher has a physical presence in the
(1) A publisher referred to in Rule 8 shall observe and adhere to the Code of Ethics laid down in the Appendix annexed to these rules.
(2) Notwithstanding anything contained in these rules, a publisher referred to in Rule 8 who contravenes any law for the time being in force, shall also be liable for consequential action as provided in such law which has so been contravened.
(3) For ensuring observance and adherence to the Code of Ethics by publishers operating in the territory of India, and for addressing the grievances made in relation to publishers under this Part, there shall be a three-tier structure as under--
(a) Level I - Self-regulation by the publishers;
(b) Level II - Self-regulation by the self-regulating bodies of the publishers;
(c) Level III - Oversight mechanism by the Central Government.
(1) Any person having a grievance regarding content published by a publisher in relation to the Code of Ethics may furnish his grievance on the grievance mechanism established by the publisher under Rule 11.
(2) The publisher shall generate and issue an acknowledgement of the grievance for the benefit of the complainant within twenty-four hours of it being furnished for information and record.
(3) The manner of grievance redressal shall have the following arrangement-
(a) the publisher shall address the grievance and inform the complainant of its decision within fifteen days of the registration of the grievance;
(b) if the decision of the publisher is not communicated to the complainant within the stipulated fifteen days, the grievance shall be escalated to the level of the self-regulating body of which such publisher is a member.
(c) where the complainant is not satisfied with the decision of the
(1) The publisher shall be the Level I of the self-regulating mechanism.
(2) A publisher shall--
(a) establish a grievance redressal mechanism and shall appoint a Grievance Officer based in India, who shall be responsible for the redressal of grievances received by him;
(b) display the contact details related to its grievance redressal mechanism and the name and contact details of its Grievance Officer at an appropriate place on its website or interface, as the case may be;
(c) ensure that the Grievance Officer takes a decision on every grievance received by it within fifteen days, and communicate the same to the complainant within the specified time:
(d) be a member of a self-regulating body as referred to in Rule 12 and abide by its terms and conditions.
(3) The Grievance Officer shall,--
(a) be the contact point for receiving any grievance relating to Code of Ethics;
&
(1) There may be one or more self-regulatory bodies of publishers, being an independent body constituted by publishers or their associations.
(2) The self-regulatory body referred to in sub-rule (1) shall be headed by a retired Judge of the Supreme Court, a High Court, or an independent eminent person from the field of media, broadcasting, entertainment, child rights, human rights or such other relevant field, and have other members, not exceeding six, being experts from the field of media, broadcasting, entertainment, child rights, human rights and such other relevant fields.
(3) The self-regulating body shall, after its constitution in accordance with sub-rule (2), register itself with the Ministry within a period of thirty days from the date of notification of these rules, and where a self-regulating body is constituted after such period, within thirty days from the date of its constitution:
Provided that before grant of registration to the self-regulat
(1) The Ministry shall co-ordinate and facilitate the adherence to the Code of Ethics by publishers and self regulating bodies, develop an Oversight Mechanism, and perform the following functions, namely:--
(a) publish a charter for self regulating bodies, including Codes of Practices for such bodies;
(b) establish an Inter-Departmental Committee for hearing grievances;
(c) refer to the Inter-Departmental Committee grievances arising out of the decision of the self-regulating body under Rule 12, or where no decision has been taken by the self-regulating body within the specified time period, or such other complaints or references relating to violation of Code of Ethics as it may consider necessary;
(d) issue appropriate guidance and advisories to publishers;
(e) issue orders and directions to the publishers for maintenance and adherence to t
(1) The Ministry shall constitute an Inter-Departmental Committee, called the Committee, consisting of representatives from the Ministry of Information and Broadcasting, Ministry of Women and Child Development, Ministry of Law and Justice, Ministry of Home Affairs, Ministry of Electronics and Information Technology, Ministry of External Affairs, Ministry of Defence, and such other Ministries and Organisations, including domain experts, that it may decide to include in the Committee:
Provided that the Authorised Officer designated under sub-rule (2) of Rule 13 shall be the Chairperson of such Committee.
(2) The Committee shall meet periodically and hear the following complaints regarding violation or contravention of the Code of Ethics by the entities referred to in Rule 8-
(a) arising out of the grievances in respect of the decisions taken at the Level I or II, including the cases where no such decision is taken within the time specified in the
(1) In respect of recommendations referred to in clauses (e) and (f) of sub-rule (5) of Rule 14, the Authorised Officer shall place the matter for consideration before the Secretary, Ministry of Information and Broadcasting for taking appropriate decision.
(2) The Authorised Officer shall, on approval of the decision by the Secretary, Ministry of Information and Broadcasting, direct the publisher, any agency of the Government or any intermediary, as the case may be to delete or modify or block the relevant content and information generated, transmitted, received, stored or hosted in their computer resource for public access within the time limit specified in the direction:
Provided that in case the recommendation of the Authorised Officer is not approved by the Secretary, Ministry of Information and Broadcasting, the Authorised Officer shall convey the same to the Committee.
(3) A direction under this rule may be issued only in respect of a specific piece of con
(1) Notwithstanding anything contained in Rules 14 and 15, the Authorised Officer, in any case of emergency nature, for which no delay is acceptable, shall examine the relevant content and consider whether it is within the grounds referred to in sub-section (1) of Section 69A of the Act and it is necessary or expedient and justifiable to block such information or part thereof and submit a specific recommendation in writing to the Secretary, Ministry of Information and Broadcasting.
(2) In case of emergency nature, the Secretary, Ministry of Information and Broadcasting may, if he is satisfied that it is necessary or expedient and justifiable for blocking for public access of any information or part thereof through any computer resource and after recording reasons in writing, as an interim measure issue such directions as he may consider necessary to such identified or identifiable persons, publishers or intermediary in control of such computer resource hosting such informatio
(1) The Authorised Officer shall maintain complete records of the proceedings of the Committee, including any complaints referred to the Committee, and shall also maintain records of recommendations made by the Committee and any directions issued by the Authorised Officer.
(2) The Review Committee shall meet at least once in every two months and record its findings whether the directions of blocking of content or information issued under these rules are in accordance with the provisions of sub-section (1) of Section 69A of the Act and if it is of the opinion that the directions are not in accordance with the said provisions, it may set aside the directions and issue order for unblocking of such content or information generated, transmitted, received, stored or hosted in a computer resource.
Explanation.-- For the purpose of this rule, "Review Committee" shall mean the Review Committee constituted under Rule 419A of the Indian Telegraph Rules, 1951.
(1) A publisher of news and current affairs content and a publisher of online curated content operating in the territory of India, shall inform the Ministry about the details of its entity by furnishing information along with such documents as may be specified, for the purpose of enabling communication and coordination.
(2) The information referred to in sub-rule (1) shall be furnished within a period of thirty days of the publication of these rules, and where such publisher begins operation in the territory of India or comes into existence after commencement of these rules, within thirty days from the date of start of its operations in the territory of India or its coming into existence, as the case may be.
(3) The publisher of news and current affairs content and the publisher of online curated content shall publish periodic compliance report every month mentioning the details of grievances received and action taken thereon.
(4) The Ministry may call for such
(1) A publisher and a self-regulating body, shall make true and full disclosure of all grievances received by it, the manner in which the grievances are disposed of, the action taken on the grievance, the reply sent to the complainant, the orders or directions received by it under these rules and action taken on such orders or directions.
(2) The information referred to in sub-rule (1) shall be displayed publicly and updated monthly.
(3) Subject to any law for the time being in force, the publisher shall preserve records of content transmitted by it for a minimum period of sixty days and make it available to the self-regulating body or the Central Government, or any other Government agency, as may be requisitioned by them for implementation of these rules.
| APPENDIX | |||||||||||||||
| CODE OF ETHICS | |||||||||||||||
| I | News and current affairs: | ||||||||||||||
| (i) | Norms of Journalistic Conduct of the Press Council of India under the Press Council Act, 1978; | ||||||||||||||
| | SCHEDULE | Classification of any curated content shall be guided by the following sets of guidelines, namely:— | PART I | GENERAL GUIDELINES FOR CLASSIFICATION OF FILMS AND OTHER ENTERTAINMENT PROGRAMMES, INCLUDING WEB BASED SERIALS There are general factors that may infl | | ||||||||||
MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY
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G.S.R. 275(E).--In exercise of the powers conferred by sub-section (1) and clauses (z) and (zg) of sub-section S.Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2025 All Amendments incorporated at appropriate place
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