March 28, 2023

New IT Rules: India mentioned it recognises proper to privateness, “the core element of an individual’s existence”.

New Delhi:

India right now termed “misplaced, exaggerated, and disingenuous” issues over the nation’s new Information and Technology (IT) Rules raised in a current report by a particular department of the United Nation’s Human Rights Council (UNHRC). It pointed to the nation’s democratic credentials, saying free speech was assured underneath the Constitution and strengthened by an impartial judiciary and a strong media.

“The rules are designed to empower ordinary users of social media. The victims of abuse on social media platforms shall have a forum for redressal of their grievances,” the Permanent Mission of India to the UN said in a letter.

It was responding to issues raised by the Special Procedures Branch of the UNHRC concerning India’s Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

The UN particular rapporteurs had mentioned that these guidelines don’t conform with worldwide human rights norms. Writing to Prime Minister Narendra Modi’s authorities, they expressed “serious concerns” with sure elements of the laws which might curb free speech.

“We worry that intermediaries will over-comply with takedown requests to limit their liability, or will develop digital recognition-based content removal systems or automated tools to restrict content,” they wrote.

The Indian authorities has confronted off with a number of social media and messaging platforms, together with Twitter and WhatsApp, in current months over some facets of the principles, particularly the one pertaining to the establishing of grievance redressal programs.

“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 Permanent Mission mentioned in a quick data be aware on the IT guidelines.

It additionally mentioned the federal government absolutely recognised and revered the appropriate of privateness, “the core element of an individual’s existence”. The new IT Rules seeks data solely on a message that’s already in circulation that resulted in an offence, it mentioned, referring to a different concern raised by the UN officers.

“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 letter mentioned.

“The Permanent Mission of India requests that the enclosed information may be brought to the attention of the concerned Special Rapporteurs,” it mentioned.

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