Discussion Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules

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Exception that has been created for Apple's iMessage also raised new questions regarding the new IT law which more or less shows how nicely and with proper discussion lawmakers implemented it. Look at some contradictions, more explained it the article

As per the new IT Rules, any social media intermediary with more than 5 million active users in India would be considered a ‘significant social media intermediary’.
Since Apple’s iMessage has more than 25 million active users in India, it was initially deemed as coming under the purview of a ‘significant social media intermediary’. Sources, however, said the Ministry reached a conclusion that since iMessage is not a standalone messaging app that can be downloaded on any device, it is not being considered as being “primarily or solely” an entity separate from Apple.
Industry sources, however, said that as per the guideline of the IT Rules, no messaging platform can be out of the purview of compliance.
“Unlike other messaging apps like, say, WhatsApp, can anyone download iMessage on their phone and use it? If that logic is to be applied, even food delivery platforms, and especially gaming platforms provide an option of chatting with other gamers. Should they also be considered a social media intermediary then? The answer is no,” a senior government official said.

 
Noting that the constant fear of being hauled up for contravention of the Code of Ethics is a distinct possibility now, the Court opined that such a regime would run contrary to the well-recognised Constitutional principles.

"People would be starved of the liberty of thought and feel suffocated to exercise their right of freedom of speech and expression, if they are made to live in present times of content regulation on the internet with the Code of Ethics hanging over their head as the Sword of Damocles."

 
In an affidavit filed before the Delhi High Court, the Central Government has stated that the IT Rules 2021, notified earlier this year for regulation of online news and social media platforms, do not muffle the right to free speech in the country.

It claims that the legislative intent behind the Rules is to deter fake news, bring about self-regulation clubbed with a "co-regulatory" mechanism for grievance redressal of the general public and promotion of the right to information.

The Centre has denied the claims that the Rules have been introduced for pre-censorship/ surveillance. It states that the impugned Rules do not contain any provision for monitoring of content of the digital media publishers by the Government or any other body.

 
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