Big Brother Syndrome

Context: The Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021 have troubling implications for freedom of expression and the right to disseminate information.

Issues with Information Technology (IT) Intermediaries Rules

• Implications on freedom of expression and the right to disseminate information:
  • Censorship, punitive actions and selective harassment of social media platforms and online news.
  • Discretionary powers as a court of appeal in a three-tier structure of regulation.
• Increases cost compliance: by adhering to a three-tier regulatory mechanism
  • Grievance redressal has been made open to all.
  • Digital platforms have to adhere to Code of Ethics (like “Norms of Journalistic Conduct”, compiled by Press Council of India, or Programme Code of the Cable Television Networks (Regulation) Act).
  • Bigger platforms (over five million users) have to appoint a chief compliance and nodal officer.
• Lacks legislation: The IT Act, 2000, has been expanded to bring digital news media under its regulatory ambit without legislative action
  • The time given to a platform to take down content following a notice has been reduced to 36 hours from the earlier 48 hours.
• Breaches privacy: instant messenger services like WhatsApp and Signal can now be compelled to break their end to end encryption norm.
  • Law on personal privacy is overdue since the Supreme Court has recognised privacy as a Fundamental Right in August 2017.
• Prone to selective use by political formation: to harass political opponents, shut down criticism and free speech in the guise of addressing fake news.