New Delhi: The Special Rapporteurs of the United Nations have written to the Government of India expressing serious concerns over the new IT Rules notified to regulate social media intermediaries, streaming platforms and digital news media, LiveLaw reported.
They have urged the Government of India to withdraw, review or reconsider certain key aspects of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 on account of limiting or infringement of a wide range of human rights.
"We are concerned that the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, in their current form, do not conform with international human rights norms," said the letter written by three UN Special Rapporteurs.
The eight-page letter is penned 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 association, and Joseph Cannataci, Special Rapporteur on the right to privacy.
They have said the provisions relating to the traceability of first originator, intermediary liability and executive oversight of digital media content violate the rights to privacy and freedom of speech and expression enshrined in the International Covenant of Civil and Political Rights.
Flagging the vagueness in terms employed in the Rules such as "fake news", content that may "mislead" or cause "any injury" to a person, the letter says: "As social media intermediaries deal with a huge amount of content, a rigorous definition of the restriction of freedom of expression is critical for them to protect speeches that are legitimate under international law, such as the expression of dissenting views.
A sufficiently precise definition is essential to prevent the possibility that legitimate expressions is taken down on political or other unjustified grounds. It will ensure that the new rules do not have a chilling effect on independent media reporting."
The Government of India has replied to the above report, saying that the IT Rules are framed taking into account principles of reasonableness and proportionality and that Government respects the right to privacy and media freedom. The Indian government told the UN that the IT rules are "designed to empower ordinary users of social media" and that the government had held broad consultations with civil society and other stakeholders in 2018.
The letter says that India's new IT Rules are in violation of rules laid down in the International Covenant on Civil and Political Rights (ICCPR), a key international human rights treaty. "Pursuant to Article 19 (3) of the ICCPR, restrictions on the right to freedom of expression must be 'expressly prescribed by law' and necessary 'for respect of the rights or reputations of others' or for 'the protection of national security or of public order, or of public health or morals'," the letter states.
The Government of India has replied saying that the IT Rules are framed taking into account principles of reasonableness and proportionality and that the Government respect the right to privacy and media freedom. The Indian government told the UN that the IT rules are "designed to empower ordinary users of social media" and that the government had held broad consultations with civil society and other stakeholders in 2018.