An Unconstitutional Platform?
India Legal|April 26, 2021
Though meant to protect citizens from cybercrime and digital bullying, the Rules infringe on the fundamental right to privacy and freedom of speech and expression. They should have been introduced in Parliament
Ashutosh Shekhar Paarcha
An Unconstitutional Platform?

THE government notified the Information Technology (Guidelines For Inter me diaries And Digital Media Ethics Code) Rules, 2021 on February 25. It will replace the previously enacted Information Technology (Intermediary Guidelines) Rules 2011. These rules were passed under Section 69A(2), 79(2)(c), and 87 of the Information Technology Act, 2000.

India has the second-highest number of internet users in the world after China. The Indian digital market is expected to grow by $29 billion by the end of 2021. A large portion of this digital market comprises of digital news and entertainment industry. Over The Top (OTT) market alone has seen a tremendous growth in recent years and is expected to touch approximately $50 billion globally by 2023. This will make India the world’s sixth-largest OTT market.

While the industry has grown rapidly, a significant part of it has remained unregulated. This has created problems such as the rapid growth of child pornography, hate speech, spread of misinformation, and digital bullying. For the digital space to remain safe and compliant of constitutional and cultural values of the country, it is necessary to have relevant regulations and guidelines. One such attempt has been the introduction of the IT Rules 2021.

With the enactment of the IT Rules 2021, the government is regulating the following uncensored media platforms:

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