·The Hindu·15 marks·250–350 wordsPolity

Discuss the adequacy of the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 in addressing platform-design-induced harms, especially among adolescents.

In this answer
  1. Where the Rules are adequate
  2. Where they fall short

The IT Rules, 2021, framed under the IT Act, 2000, regulate what is published on platforms. The harms now in question — infinite scroll, autoplay, algorithmic feeds, notification loops — arise from how platforms are built. In September 2026 the Delhi High Court asked the Centre whether a policy on such addiction-causing design is contemplated [1].

Where the Rules are adequate

  • Content-layer protection works: due diligence duties, time-bound grievance redressal and Grievance Appellate Committees give adolescents a route against obscene or harmful material [2].
  • Significant Social Media Intermediaries (SSMIs) carry heavier duties — compliance officers resident in India, traceability of the first originator, and proactive tools to detect child sexual abuse material [2].

Where they fall short

  • No design mandate: the Rules contain no provision on engagement-maximising architecture; classification is purely user-number based, with no duty to assess risk to minors. The PIL therefore seeks an expert committee rather than a takedown [1].
  • Adjacent laws only partly fill the gap. The CCPA's Guidelines for Prevention and Regulation of Dark Patterns, 2023 name 13 practices, but each turns on misleading or tricking a buyer [3]; infinite scroll hides nothing — it costs time, not money. The DPDP Act, 2023 bars tracking, behavioural monitoring and targeted advertising directed at children [4], yet autoplay needs no personal data, and the DPDP Rules, 2025 permit an 18-month phased compliance window [5].
  • Enforcement mismatch: a checkout page can be inspected; a feed is generated afresh for each user, so self-declared audits cannot prove design harm.

The Rules are thus adequate for content, inadequate for architecture. The practical route is incremental: insert a design-risk duty within SSMI due diligence, extend the dark patterns list to engagement tricks, and make autoplay and notifications default-off for verified minors using DPDP age-verification [5]. Regulating the switch rather than the speech reconciles Article 21's right to health with Article 19(1)(g).

Sources

  1. 1Delhi HC Asks Centre's Plan for Regulating Social Media — The Hindu (16 September 2026)Delhi HC query to the Centre; PIL seeking an expert committee on addiction-causing design features
  2. 2The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 — PRS Legislative Researchdue diligence, grievance redressal, SSMI obligations and content-focused scope
  3. 3CCPA, Guidelines for Prevention and Regulation of Dark Patterns, 2023 — PIB13 specified dark patterns, defined by deception/unfair trade practice
  4. 4The Digital Personal Data Protection Bill, 2023 — PRS Legislative Researchrestrictions on tracking, behavioural monitoring and targeted advertising for children
  5. 5DPDP Rules, 2025 Notified — PIBnotification of the Rules, verifiable parental consent and 18-month phased compliance
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