IT Rules Do Not Restrict Freedom Of Speech And Expression: Rajeev Chandrasekhar

India’s IT Act or IT Rules, 2021 does not restrict the freedom of speech and expression that is constitutionally guaranteed (to people), Rajeev Chandrasekhar, the Minister of State for Electronics and Information Technology, wrote in a response to a query raised in Lok Sabha recently.  

The ET report quoted Chandrasekhar as saying that the Centre is looking to update part-II of IT Rules, 2021 so as to handle emerging cyberspace-related issues.

The Minister added that the IT Rules, 2021 were framed to make intermediaries including social media platforms accountable to their users and meanwhile, improve users’ safety online. 

Earlier in June, the MeitY proposed amended IT rules for public consultation. Originally, the draft of amended rules aimed to provide additional avenues for grievance redressal besides courts. It  would further ensure that the constitutional rights of Indian citizens do not get breached by tech giants.

Besides, under the proposed amended IT Rules, the Centre would form a Grievance Appellate Committee that will act as an alternate redressal mechanism and will give a final decision if users show dissatisfaction with the decision of the social media platform’s grievance officer.

Speaking about social media’s grievance redressal system, the Minister said, “As per the IT Rules, 2021, the online intermediaries including social media intermediaries have been mandated to develop a robust grievance redressal system for their users.” 

He further informed that as per the draft amendment to IT rules, the social media intermediaries are expected to take down unlawful content as and when brought to their notice by the court or any government body or its authorised agency. Additionally, they have to act upon information violative of their policies as and when they come to their notice. 

Recently, the US-India Business Council (USIBC), which is a part of the US Chamber of Commerce, and US-India Strategic Partnership Forum expressed concerns over the proposed amendments to the existing IT Rules. 

In an internal letter written to MeitY, the USIBC said that the IT rules amendments, 2021 will form Grievance Appellate Committee (GAC), which is wholly managed by the IT ministry, and lacks any checks or balances to ensure independence.

The USIBC further said that GAC can result from over regulation from the Centre in the absence of any industry and civil society representing it.

The US lobby groups also compared the grievance redressal system of other countries such as the European Union with India and mentioned that the former’s appealing process formed on the grounds of fairness and impartiality.