‘New IT Rules Designed To Empower Ordinary Users Of Social Media’: India Responds To UN

Permanent Mission of India to the United Nations Office has in a letter responded the concerns raised by Special Procedures Branch of the Human Rights Council regarding India’s Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Ministry of Electronics and Information Technology said on Sunday.

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New Delhi: India’s Permanent Mission at the United Nations has clarified that the country’s new IT Rules are “designed to empower ordinary users of social media” and that they were finalized after broad consultations with various stakeholders, including individuals, civil society, industry association and organisations, in 2018.

Permanent Mission of India to the United Nations Office has in a letter responded the concerns raised by Special Procedures Branch of the Human Rights Council regarding India’s Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Ministry of Electronics and Information Technology said on Sunday.

The Indian government told the UN that it framed the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ('new IT Rules') and notified the same on February 25, 2021, adding the rules have come into effect from May 26.

“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,” the government said.

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The Indian government in its letter said the enactment of new IT Rules 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, spread of disharmony, financial frauds, incitement of violence, public order etc.

The Ministry of Electronics and Information Technology and Ministry of Information and Broadcasting undertook broad consultations in 2018 with various stakeholders, including individuals, civil society, industry association and organisations and invited public comments to prepare the draft Rules, the government wrote in its letter, adding thereafter, an inter-ministerial meeting had discussed in detail the comments received in detail and, accordingly, the Rules were finalized.

The government further said the “concerns alleging potential implications for freedom of expression that the new IT Rules will entail, is highly misplaced”.

Asserting India's democratic credentials are well recognized, the government said the “right to freedom of speech and expression in guaranteed under the Indian Constitution”.

“The independent judiciary and a robust media are part of India's democratic structure,” the government added.

The government further said: “On the traceability of the first originator of the information, it may be noted that the new IT Rules seeks only limited information. 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 and 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 government further said the concern that the Rules may be misused deliberately to make a large number of complaints so as to overwhelm the grievance redressal mechanisms created by social media platforms is also misplaced, exaggerated and disingenuous and shows lack of willingness to address the grievances of the users of these media platforms while using their data to earn revenues.

The government said it fully recognises and respects the right of privacy, as pronounced by the Supreme Court of India in K.S. Puttusamy case.

“Privacy is the core element of an individual's existence and, in light of this, the new IT Rules seeks information only on a message that is already in circulation that resulted in an offence. The Rules have framed in exercise of the statutory powers of the IT Act, fully taking into account the principles of reasonableness and proportionality,” the government added.