Information Technology Rules, 2021 : A Jolt to Digital Rights and Trust i Pauly Muricken https://www.indiancurrents.org/article-information-technology-rules-2021--a-jolt-to-digital-rights-and-trust-pauly-muricken-458.php 14 Jun 2021
The new Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 fails to answer these penetrating questions - the extent of State restrictions? Can it go beyond what is legitimate and necessary in a Democratic Society? Can Intermediaries/ Service providers be totally deprived of the benefits of global norm on safe harbour protection? How do you balance these competing rights? in a viable manner...
The Rules facilitate surveillance.. It has a chilling effect on free expression and access to information. Rules go against the precept that online content could be removed from intermediary platforms only by reasoned government or court order. This protects the platforms from liability and acts as a check on frivolous take-down demands.
As in the physical space, cyber security shall not come at the expense of cyber privacy. Reforms are necessary, particularly on the anvil of digital security and harm principles. But any reform or lawmaking in this arena should be based on the principles of rule of law; legitimate purposes; oversight by legislative, judicial and other bodies like independent Ombudsman; and transparency in a free society.
A glance of the Rules would reveal that the liability regime envisaged do not match with the current international norms and jurisprudential consciousness.