Comments invited on Draft of Intermediary Guidelines 2018

The Information Technology Act (IT Act), 2000 was enacted with a view to give a fillip to electronic transactions, to provide legal recognition for e-commerce and e-transactions, to facilitate e-governance, to prevent computer based crimes and ensure security practices and procedures. The Act came into force on 17th October, 2000.

Section 79 of the IT Act elaborates on the exemption from liabilities of intermediaries in certain cases. Section 79(2)(c) mentions that intermediaries must observe due diligence while discharging their duties, and also observe such other guidelines as prescribed by the Central Government. Accordingly, the Information Technology (Intermediaries Guidelines) Rules, 2011 were notified in April 2011.

A calling attention motion on “Misuse of Socal Media platforms and spreadig of fake News” was admitted in the Parliament (Rajya Sabha) in 2018 (Monsoon session). Hon’ble Minister for Electronics and IT, responding to the calling attention motion on 26/07/2018, made a detailed statement where he inter alia conveyed to the House the resolve of the Government to strengthen the legal framework and make the social media platforms accountable under the law.

Subsequently, MeitY has prepared the draft Information Technology (Intermediary Guidelines) Rules 2018 to replace the rules notified in 2011.

The draft notification in this regard can be downloaded for comments and suggestion from all relevant stakeholders from the link below

Open Document[PDF]496.67 KB

Comments/suggestions may be sent to

gccyberlaw[at]meity[dot]gov[dot]in

pkumar[at]meity[dot]gov[dot]in

dhawal[at]gov[dot]in

on or before 31st January, 2019.