The New Media Rules Are A Tightening Noose

Context: The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, notified by the Ministry of Electronics and Information Technology, has come under stark criticism.

Major criticisms against the new Rules

• An opportune redressal mechanism:
  • Safeguards introduced in the form of a 3 tier redressal mechanism fails to provide succour in an environment overweening political and religious majoritarianism.
  • Risk of hurting small entrepreneurs (as any criticism of the ruling party may draw grievances)
• Mockery of self-regulation: as the final level of grievance is to be handled by an inter-ministerial oversight committee of the Central government.
  • The notification gives Secretary, Ministry of Information and Broadcasting adhoc emergency powers to block any content government considers problematic.
• Financial threat: Monetisation avenues become scarce, and investors and brands run scared because of what they see as political considerations supervening upon business interests.
• Eroding pillars of democracy: That fourth pillar of democracy, media, must be in a dynamic relationship of checks and balances vis-à-vis the other three pillars: executive, legislature and judiciary.
  • If the fourth estate is to be treated by executive as an inconvenience to be side-lined, surely the other pillars, judiciary and legislature, lay themselves open to the same fate.
  • Although the freedom of the press per se is not an explicitly prescribed fundamental right in the Indian Constitution, and is, rather, a derivative right from Articles 19(1)(a) and 19(1)(g).