Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021

 Introduction: What is an Intermediary

The term ‘Intermediary’ has been defined in clause (w) of sub-section 1 of section 2 of the Information Technology Act, 2000 (“ IT Act”) as “any person who on behalf of another person receives, stores or transmits an electronic record or provides any service with respect to that record and includes telecom service providers, network service providers, internet service providers, web-hosting service providers, search engines, online payment sites, online-auction sites, online-market places and cyber cafes”.

This is a very broad definition. This not only covers social media companies (e.g., Facebook, Twitter) but also a wide range of players in the internet ecosystem including search engines (Google Inc., Yahoo Inc.), online payment sites (Paypal, Phonepe), online-market place (Amazon, Flipkart), telecom service providers (Jio, Vi), and cyber-cafes. The definition applies to any company where the user has an identity in the intermediary in form of a unique account/number (though some intermediaries may not require prior registration for access), who accesses, uses, and interacts with other users (who may or may not be of the same kind) and the intermediary enables these interactions. Cyber-cafes would be an exception to this notional definition.

Read More: https://tlegal.com/blog-details/information-technology-intermediary-guidelines-and-digital-media-ethics-code-rules-2021-adequate-regulation-of-intermediaries

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