In February, the Modi government’s notification of Information Technology Rules was met with concern and criticism. There were demands for...
In February, the Modi government’s notification of Information Technology Rules was met with concern and criticism. There were demands for the withdrawal of the rules, primarily because of their negative impact on the right to privacy and freedom of expression and their overbroad scope. Several challenges against these rules are pending in various High Courts, and some of the interim orders issued indicate that these courts share concerns about the rules’ unconstitutionality.
There has also been a lack of clarity on how key aspects of the rules are to be complied with, including, for example, which platforms need to comply with the requirement to trace the “first originator” of content.
In early November, the government released “Frequently Asked Questions on Part-II of the IT Rules”, in an attempt to provide clarity and allay concerns. (Part II of the rules set out due diligence requirements, including traceability and establishes a grievance redressal mechanism. This part applies to intermediaries, and “significant social media intermediaries”, which are those with more than 50 lakh users).
However, it arguably fails to allay concerns, and the limited clarity they offer is on certain procedural aspects relating to the appointment of compliance officers. The questions otherwise rehash old defences, for instance with respect to traceability, that does not substantively address concerns raised by civil society, tech companies...
