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Advisory issued to intermediaries to comply with IT rules

The advisory mandates that intermediaries communicate prohibited content, particularly those specified under Rule 3(1)(b) of the IT Rules, clearly and precisely to its users…reports Asian Lite News

The Ministry of Electronics and Information Technology (MeitY) has issued an advisory to all intermediaries, ensuring compliance with the existing information technology rules.

The directive specifically targets the growing concerns around misinformation powered by AI – Deepfakes.

The advisory mandates that intermediaries communicate prohibited content, particularly those specified under Rule 3(1)(b) of the IT Rules, clearly and precisely to its users.

This advisory is the culmination of the discussions held by Union Minister of State for Skill Development and Entrepreneurship, Electronics and IT, Rajeev Chandrasekhar during Digital India dialogues with intermediaries within one month.

“The content not permitted under the IT Rules, in particular those listed under Rule 3(1)(b) must be clearly communicated to the users in clear and precise language including through its terms of service and user agreements and the same must be expressly informed to the user at the time of first-registration and also as regular reminders, in particular, at every instance of login and while uploading/sharing information onto the platform,” the advisory stated.

The advisory emphasises that digital intermediaries must ensure users are informed about penal provisions, including those in the IPC and the IT Act 2000, in case of Rule 3(1)(b) violations.

“The users must be made aware of the various penal provisions of the Indian Penal Code (IPC) 1860, the IT Act, 2000 and such other laws that may be attracted in case of violation of Rule 3(1)(b). In addition, the terms of service and user agreements must clearly highlight that intermediaries/platforms are under obligation to report legal violations to the law enforcement agencies under the relevant Indian laws applicable to the context,” the advisory further added.

Rule 3(1)(b) within the due diligence section of the IT rules mandates intermediaries to communicate their rules, regulations, privacy policy, and user agreement in the user’s preferred language.

Intermediaries are also obliged to ensure reasonable efforts to prevent users from hosting, displaying, uploading, modifying, publishing, transmitting, storing, updating, or sharing any information related to the 11 listed user harms or content prohibited on digital intermediaries. This rule aims to ensure platforms identify and promptly remove misinformation, false or misleading content, and material impersonating others, including deepfakes. (ANI)

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No proposal to review new IT rules: Govt

The rules also prescribe additional due diligence to be followed by significant social media intermediaries….reports Asian Lite News

Reiterating its stand that the new IT rules do not infringe the right to privacy and the freedom of expression, the government on Wednesday told Parliament that there is no proposal to review them.

The Centre notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 on February 25, superseding the erstwhile Information Technology (Intermediaries Guidelines) Rules, 2011.

In a written reply in the Lok Sabha, Minister of State for Electronics and IT, Rajeev Chandrashekhar said that these rules were a result of public consultations, comments and suggestions received during stakeholders’ meetings and are used in bringing accountability of these intermediaries to their users.

“There is no proposal with ministry to review the rules,” he said.

The rules also prescribe additional due diligence to be followed by significant social media intermediaries.

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“Freedom of speech and expression is a constitutionally guaranteed right to citizens under Article 19(1) with restraints as stated in Article 19(2). These fundamental rights cannot be infringed by anybody,” he said.

In response to a question on what action is taken in case the rights are violated, the minister said that the action is taken by appropriate governments and law enforcement agencies.

Several concerns have been raised over the possibilities of impact on the rights to the freedom of speech and privacy post the implementation of these norms.

In another response, the minister also said that there is no proposal to repeal the new rules.

The rules led to major controversy as micro-blogging platform Twitter was initially reluctant to abide by some of the norms which led to a major showdown, with then Electronics and IT Minister, Ravi Shankar Prasad, accusing the platform of gross violation of norms.

However, Twitter has now complied with the contentious norms including appointment of a grievance officer in the country. Other significant social media platforms had already complied with the regulations.

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India refutes UN concerns on IT rules

The Rapporteurs from the Special Procedures Branch of the Human Rights Council had said that the new IT rules do not conform to human rights norms…reports Asian Lite News.

Highlighting that India’s democratic credentials are well recognised, India’s Permanent Mission to United Nations in Geneva on Sunday strongly refuted concerns raised by UN Special Rapporteurs on India’s Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

Noting that the right to freedom of speech and expression is guaranteed under the Indian Constitution, the Indian Mission said that an independent judiciary and a robust media are part of India’s democratic structure.

The mission was responding to a joint communication from the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; the Special Rapporteur on the rights to freedom of peaceful assembly and of association and the Special Rapporteur on the right to privacy.

The Rapporteurs from the Special Procedures Branch of the Human Rights Council had said that the new IT rules do not conform to human rights norms.

According an official Indian statement quoting a letter from the Indian Permanent Mission to UN in Geneva, the Ministry of Electronics and Information Technology and Ministry of Information and Broadcasting undertook broad consultations in 2018 with various stakeholders.

This included individuals, civil society, industry association and organizations and invited public comments to prepare the draft Rules, the Indian Mission told the UN Council.

Thereafter an inter-ministerial meeting had discussed in detail the comments received in detail and, accordingly, the Rules were finalized, it added.

Discussing the salient features of India’s IT Rules, 2021, Indian Mission said 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, it said drawing attention of the concerned special rapporteurs.

The Indian Permanent Mission to UN in Geneva recalled 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.

Such abuse included inducement for recruitment of terrorists, circulation of obscene content, spread of disharmony, financial frauds, incitement of violence, public order etc. it added.

The Indian Mission to UN in Geneva called the concerns alleging potential implications for freedom of expression that the new IT Rules will entail as highly misplaced.

On the traceability of the first originator of the information, it may be noted that the new IT Rules seeks only limited information, it explained.

Criticise us but don’t lecture us on democracy: Ravi Shankar Prasad on Twitter’s non-compliance with new IT Rules. (ANI)

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, clarified the Indian Mission.

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, it added.

The Government of India fully recognises and respects the right of privacy, as pronounced by the Supreme Court of India in K.S. Puttusamy case, India’s Permanent Mission informed in the letter.

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, it added.

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 Indian High Commission said in the letter.

It may be recalled that the UN Special Rapporteurs had written to Indian government saying that the IT Rules, 2021 notified by India do not confirm to the human rights norms.

In the Mandates of the Special Rapporteurs, they also “recalled” in a report that restrictions to freedom of expression must never be invoked as a justification for the muzzling of any advocacy of multi-party democracy, democratic tenets and human rights. (INN)

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UN experts voice concern over new IT rules

India has the potential to develop a legislation that can place it at the forefront of efforts to protect digital rights. However, the substantially broadened scope of the Rules is likely to do just the opposite…reports Asian Lite News.

Experts at United Nations Office of the Human Rights Commissioner have said in a report that it is concerned that India’s Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, in their current form, do not conform with international human rights norms.

The observations were made in Mandates of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; the Special Rapporteur on the rights to freedom of peaceful assembly and of association and the Special Rapporteur on the right to privacy.

The report is authored by Irene Khan, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Clement Nyaletsossi Voule, Special Rapporteur on the rights to freedom of peaceful assembly and of association and Joseph Cannataci, Special Rapporteur on the right to privacy.



“As noted in previous communications sent to your Excellency’s Government, we are concerned that these new rules come at a time of a global pandemic and of large-scale farmer protests in the country, where the enjoyment of the freedom of opinion and expression, including the right to receive information, and the right to privacy, is particularly important for the realisation of several other civil, cultural, economic, political and social rights,” the report said.

“We would like to recall that restrictions to freedom of expression must never be invoked as a justification for the muzzling of any advocacy of multiparty democracy, democratic tenets and human rights,” the report said.

The report said as a global leader in technology innovation, India has the potential to develop a legislation that can place it at the forefront of efforts to protect digital rights. However, the substantially broadened scope of the Rules is likely to do just the opposite.

“We would therefore encourage the Government to take all necessary steps to carry out a detailed review of the Rules and to consult with all relevant stakeholders, including civil society dealing with human rights, freedom of expression, privacy rights and digital rights”, the report said.

“We understand the new Rules were issued under the Information Technology Act of 2000 and therefore, were not subject to parliamentary review or opened for consultation with stakeholders. We believe such consultations with relevant stakeholders are essential in order to ensure the final text is compatible with India’s international legal obligations, in particular with Articles 17 and 19 of the ICCPR,” it added.

This observation along with India’s comment will also subsequently be made available in the usual report to be presented to the Human Rights Council, it added.

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