The policies of the Government are aimed at ensuring an Open, Safe and Trusted and Accountable Internet for its users. With the expansion of the Internet and more and more Indians coming online, the potential for Indians being exposed to information which may be addictive in nature, depicts violence or is harmful, has grown.
To help achieve the aim of making Internet Open, Safe and Trusted and Accountable, the Central Government, in exercise of powers conferred by the Information Technology Act, 2000, has made the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These rules cast specific obligation on intermediaries, including intermediaries offering online games, to observe diligence and provides that if they fail to observe such diligence, they shall no longer be exempt from their liability under law for third-party information or data or communication link hosted by them. Such diligence includes the following:
(i) To make reasonable efforts to cause its user not to host, display, publish, transmit or share any information that is harmful to child, causes incitement to the commission of any cognizable offence, relates to encourages gambling, or violates any law for the time being in force;
(ii) To not host, store or publish unlawful information prohibited under law for the time being in force, on a voluntary basis on violation of the above, and on actual knowledge upon receipt of a grievance or court order or notice from the appropriate government or its agency;
(iii) To have in place a grievance redressal machinery, and resolve complaints of violation of the rules within 72 hours of being reported;
(iv) To provide, upon receipt of an order from a lawfully authorised government agency, information or assistance for prevention, detection, investigation or prosecution under law.
