Proposed Changes to the IT Rules, 2021

As the digital eco-system, the quantum of users and altogether the IT industry in India expands, so do the challenges and problems faced by them. 

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To welcome such changes and at same time, ensure the interests of the users, new amendments have been proposed to the IT Rules, 2021.

Ministry of Electronic and Information Technology  is an executive body of Union Government of India functioning to promote IT and Internet, dealing with cyber laws, Information Technology Act 2000 and any other related IT laws. 

Ministry of Electronic and Information Technology has notified a set draft changes that proposed to be brought into the IT Rules, 2021. These proposed changes are up for public consultation for a period  of 30 days.

The changes proposed can be summarized as under:

               Increased role of intermediaries:

 The major change in the responsibility of intermediaries is brought about by reducing the time period under which the intermediary is required to take appropriate action.

The grievance officer of the intermediary as of now is required to acknowledge the complaint received within 24 hours and dispose off the same only within 15 days.

This proposed amendment requires the officer to acknowledge the complaint within 24 hours. Such acknowledgment includes suspension, removal or blocking of any user or user account or any complaint from its users in the nature of request for removal of information or communication link.  It is also provided that the complaint in which is related to request for removal of information or communication link shall be acted upon expeditiously and redressed within 72 hours of its reporting.

This amendment has been proposed to ensure speedy disposal of complaints in the interest of the users. However, any safeguard can be developed by the  intermediary to avoid misuse.

  Intermediaries are urged to comply with the terms relating to privacy and other matters and inform the same to the users.

The intermediary shall take all reasonable measures to ensure accessibility of its services to users along with reasonable expectation of due diligence, privacy and transparency.

T he intermediary shall respect the rights accorded to the citizens under the Constitution of India.

 Role of Resident Grievance Officer.

When the intermediary removes or disables access to any information, data or communication link, adequate and reasonable opportunity to dispute the action as well as request for the reinstatement of access must be given to the user. This matter may be decided by the Resident Grievance Officer who shall dispose the same within 72 hours.

Constitution of Grievance Appellate Committee.

While users are entitled to approach the court of law, the Grievance Appellate Committee is set up to provide an alternative option to a user to file an appeal against the decision or action of the Grievance Officer. This effort has been taken to not burden the already overburdened the judiciary. However, this in no manner extinguishes the right of the user to directly approach judiciary. The appeal against the direction of Grievance Officer can be filed with the Appellate Committee within 30 days of receipt of communication.  The Appellate Committee shall take every endeavor to dispose the appeals within 30 days and its order shall be applicable on the intermediary as well.