In response to the UN Special Rapporteurs’ concerns, the government has stated that the Ministry of Electronics and Information Technologyand the Ministry of Information and Broadcasting held extensive consultations with various stakeholders in 2018 before finalising the new Information Technology Rules.
UN early this month raised concerns with certain parts of the legislation, and said that “due diligence obligations” placed on intermediaries may lead to “infringement of a wide range of human rights”.
“The Permanent Mission of India would also like to highlight that India’s democratic credentials are well recognized. The right to freedom of speech and expression is guaranteed under the Indian Constitution. The independent judiciary and a robust media are part of India’s democratic structure,” the permanent mission of India to the UN and other International Organisations in Geneva told in a statement.
The Indian government told the UN that it had framed the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (‘new IT Rules’) and notified the same on February 25, 2021. The Rules have come into effect from May 26, 2021.
The enactment of new IT Rules, wrote the government, had become necessary due to widespread concerns about issues relating to increased instances of abuse of social media and digital platforms, including inducement for recruitment of terrorists, circulation of obscene content, the spread of disharmony, financial frauds, incitement of violence, public order etc.
Rules are designed to empower ordinary users
It said that “The Rules are designed to empower ordinary users of social media. The victims of abuse at social media platforms shall have a forum for redressal of their grievances. “
Commenting on concerns around traceability of the first originator of the information, the government said that that the new IT rules seeks only limited information and only when a message already in public circulation is giving rise to violence, impinging on the unity and integrity of India, depicting a woman in a bad light, or sexual abuse of a child.
“When no other intrusive options are working, only then the significant social media intermediary will be required to disclose as to who started the message,” the statement said.
