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
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
- 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
- 2The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 — PRS Legislative Researchdue diligence, grievance redressal, SSMI obligations and content-focused scope
- 3CCPA, Guidelines for Prevention and Regulation of Dark Patterns, 2023 — PIB13 specified dark patterns, defined by deception/unfair trade practice
- 4The Digital Personal Data Protection Bill, 2023 — PRS Legislative Researchrestrictions on tracking, behavioural monitoring and targeted advertising for children
- 5DPDP Rules, 2025 Notified — PIBnotification of the Rules, verifiable parental consent and 18-month phased compliance