Advisories may gain legal force under IT rules, user content liability risk likely to rise

Government advisories to internet platforms may soon carry legal force, with direct implications for how user-generated content is handled, under a draft amendment to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

The proposal, issued by the ministry of electronics and information technology, on Monday seeks to make compliance with official advisories, clarifications and directions a part of the due diligence obligations that platforms must meet to retain safe harbour protection under the Information Technology Act, 2000.