Section 3 in Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023
3. In rule 3 of the said rules,—
(i)in sub-rule (1),—(I)in the opening portion, for the words “social media intermediary and significant social media intermediary”, the words “a social media intermediary, a significant social media intermediary and an online gaming intermediary” shall be substituted;(II)in clause (b),—(A)in the opening portion, for the words “to cause the user of its computer resource not to host,”, the words “by itself, and to cause the users of its computer resource to not host” shall be substituted;(B)in sub-clause (ii), after the words “or gambling,”, the words “or an online game that causes user harm,” shall be inserted;(C)in sub-clause (v), after the word “nature”, the words “or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify” shall be inserted;(D)for sub-clause (ix), the following sub-clauses and Explanation shall be substituted, namely:—(ix)is in the nature of an online game that is not verified as a permissible online game;(x)is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game;(xi)violates any law for the time being in force.Explanation.—In this clause, “user harm” and “harm” mean any effect which is detrimental to a user or child, as the case may be;‟;(III)in clause (f), the following proviso shall be inserted, namely:—“Provided that an online gaming intermediary who enables the users to access any permissible online real money game shall inform its users of such change as soon as possible, but not later than twenty-four hours after the change is effected;”;(IV)in clause (j), in the opening portion, after the words “but not later than seventy two hours”, the words “and in case of an online gaming intermediary who enables the users to access any permissible online real money game not later than twenty-four hours” shall be inserted;”;(ii)in sub-rule (2), in clause (a),—(I)in the opening portion, after the words “provisions of this rule or”, the words, brackets and figures “sub-rules (11) to (13) of rule 4, or in respect of” shall be inserted;(II)in sub-clause (i), in the first proviso, for the brackets and letters “(ix)”, the brackets and letters “(xi)” shall be substituted;(III)after sub-clause (ii), the following Explanation shall be inserted, namely:—‘Explanation.—In this rule, “prominently publish” shall mean publishing in a clearly visible manner on the home page of the website or the home screen of the mobile based application, or both, as the case may be, or on a web page or an app screen directly accessible from the home page or home screen.‟.
