SFLC.in has sent its submissions to the Parliamentary Committee on Subordinate Legislation on the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, highlighting the problems with the Rules.
We have also requested the Committee that in light of the points highlighted in the submission, it should take up a discussion on the IT Rules and also publish a report on this.
Some of the points highlighted in our submission document are given below:
1. Lack of adequate consultation on the IT Rules.
2. The IT Rules are beyond the scope of the parent statute i.e. the IT Act, 2000.
3. There is an excessive use of delegated/subordinate legislation in the IT Rules.
4. Some provisions of the IT Rules violate the principles outlined in the Puttaswamy judgment.
5. Part III of the IT Rules give arbitrary powers to the government and impinge upon the right to free speech and press freedom.
6. Certain provisions of the IT Rules adversely impact smaller and non-structured entities.
7. Commentary on the problems with certain provisions of the IT Rules.
A copy of the letter which was sent to the Committee can be found below:
July 26, 2021
To
The Hon’ble Chairperson,
Parliamentary Committee on Subordinate Legislation
Sansad Marg,
New Delhi
Respected Sir,
Subject: Submission before the Committee on the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
Greetings from SFLC.IN!
SFLC.IN is the first Indian legal services organization that works exclusively on technology, law, and policy. As a not-for-profit organization engaged in the empowerment of Indian citizens about their digital freedom and rights, it operates as a collective bringing together different stakeholders to a common platform to further the cause of digital rights. SFLC.in promotes innovation and open access to knowledge by helping policy makers make informed and just decisions regarding the use and adoption of technology. As of 2020, SFLC.in is the only Indian organization to be inducted as a member of the IFEX, a global network to defend the right to freedom of expression and information.
SFLC.in has been tracking the developments in the Intermediary Liability landscape in India for more than a decade now. We also work on various other issues such as encryption, data protection, internet shutdowns. These are unprecedented times and considering the implications of the IT Rules upon constitutional rights of citizens in India, it is important for the elected representatives to discuss this in detail.
We submit this document hoping that the Committee will take appropriate and necessary action to protect the interests of all the stakeholders and will ensure that the rules are in tune with the parent legislation i.e. the Information Technology Act, 2000 as well as the Constitution of India. We also hope that considering the points highlighted in this submission, the Committee will take up a discussion on the IT Rules and will also publish a report on this.
Yours Sincerely,
Prasanth Sugathan
Legal Director,
SFLC.IN
prasanth@sflc.in
