Social Media Platform Regulation in India – A Special Reference to The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021

Abstract

India has experienced the potential of social media platforms and witnessed the far-reaching consequences which these platforms may pose. The current Indian legal framework on social media platforms (hereinafter: SMPs) tend towards a co-regulatory model relying both on statutory framework and self-regulation of SMPs. The chapter analyses the regulatory framework of SMPs in India and the contentious “Informa- tion Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021” (hereinafter IM Rules, 2021) from the prism of fundamentals of free speech. The chapter discusses how the free speech may get affect- ed by the imposition of additional responsibilities like; appointment of India based compliance officers, first originator traceability requirements, deployment of automated filtering software, identification of physical ad- dress from the users of accounts, and other restrictions on SMPs through the recently notified IM Rules, 2021. These rules are alleged to be flouting certain key legal principles and are argued to be the outcome of legislative overreaching. Therefore, the IM Rules, 2021 warrants scrutiny from the perspective of free speech in the backdrop of above raised concerns