On June 26, 2020, the Indian Internet Multi-Stakeholder Coalition (IMSC) along with the Global Network Initiative (GNI) hosted the “Multistakeholder Roundtable on India’s Draft Intermediaries Guidelines Amendments” to deliberate on the key provisions of the Draft Intermediaries Guidelines (Amendment) Rules, 2018 (“the Draft Rules”) from the perspective of international human rights law and principles. GNI had initially prepared a policy brief on ‘Regulating Digital Content and Human Rights’ that uses the legality/legitimate purpose/necessity framework established under international human rights law to identify a number of key issues related to freedom of expression and privacy. The policy brief also formed a part of the discussion which revolved around the issue of intermediary liability and content regulation.
On 24.12.2018, the Ministry of Electronics and Information Technology (MEITY) released the Draft Rules which suggested changes in the existing due diligence standards which are to be observed by Internet intermediaries in India, to avail the protection of the safe harbour provision under Sec. 79 of the Information Technology Act, 2000. The Draft Rules are in the process of being notified by the Ministry.
SFLC.in facilitates the IMSC. The IMSC is conceptualized as a coalition that brings together businesses, civil society, academia, and experts for collectively deliberating on tech-policy issues. The coalition is designed on the lines of GNI, which is an international multi-stakeholder platform bringing together technology businesses, investors, civil society and academia to help protect freedom of expression and privacy in technology.
SFLC.in organized and coordinated the event along with GNI and other members of the IMSC. The discussion saw an an active engagement and discussion with policy makers, representatives from the government, industry participants and various other stakeholders, to explore possible solutions to the challenges surrounding the issue of intermediary liability. The discussion was organized under the Chatham house rules.
The event report which was jointly prepared by GNI and the IMSC can be found below: