Unpacking IT Rules: Threat to Digital Rights

Abstract

“Information Technology rules 2021, guidelines for intermediaries and digital ethics code” were brought on board in February and came into practice by May 25. The more they are decluttered the more cluttered it seems. These guidelines aim at removal of immunity given to intermediaries such as WhatsApp, Koo, and Telegram and OTT platforms such as Amazon, Netflix and Digital News. Non-conformity of the guidelines has buckled the pressure on the intermediaries, while some suing the Indian government on the so-called “soft touch oversight mechanism”. Just like demonetization, this too was kept secret and is “arbitrarily made” with consideration to section 79 of the IT Act. While there is a pragmatic outlook about the IT rules, but it holds immense obscurity and predisposition that appear to contradict democracy’s fundamental concepts and constitutional values. The regulations pose a potential threat to freedom of expression, right to privacy, sovereignty, and integrity of India. The recommendations are exploitative and will additionally increase cost in the form of tax liability and labor on the platform’s behalf. The squabble that social media should be granted a higher degree of protection considering it subsists on the internet or the laws of the land revoke amendments in an indefensible argument. This advocates for a robust data protection law that accentuates on first originator, end to end encryption, data retention period, age verification mechanism, traceability, and code of ethics. The research article aims to explore the uncertainties and the grey areas of the new IT rules with constructive suggestions and solutions..