Government Reiterates Legal Obligations of OTT Platforms and Social Media Under IT Rules, 2021

Key Highlights:

• Government reiterated legal obligations for OTT platforms and social media under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
• These rules were notified under the Information Technology Act, 2000.
• OTT platforms are prohibited from transmitting content that is unlawful under existing laws.
• Social media intermediaries have specific due diligence obligations regarding user-generated unlawful content.

Detailed Insights:

• Part III of the IT Rules, 2021 specifically governs publishers of online curated content, commonly known as OTT platforms.
• This part mandates that OTT platforms must not transmit any content that is prohibited by law for the time being in force.
• Part II of the IT Rules, 2021 outlines due diligence obligations for all intermediaries, including social media intermediaries.
• Intermediaries are required to make reasonable efforts to ensure users do not display, upload, or publish unlawful information.
• The information was provided in the Rajya Sabha by Dr. L. Murugan, Minister of State for Information and Broadcasting.

Key Concepts Involved:

• Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021: Rules notified under the IT Act, 2000, regulating digital media and intermediaries.
• Information Technology Act, 2000: Primary law in India dealing with cybercrime and electronic commerce.
• OTT platforms: Services that deliver content over the internet, bypassing traditional distribution channels.
• Social Media Intermediaries: Platforms enabling users to create and share content or participate in social networking.