New Indian IT Rules do not conform with international norms: UN Special Rapporteurs


New Delhi, Jun 19 (IANS): Experts at the United Nations Office of the Human Rights Commissioner have said in a report that it is concerned that Indias Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, in their current form, do not conform with international human rights norms.

The observations were made in Mandates of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; the Special Rapporteur on the rights to freedom of peaceful assembly and of association and the Special Rapporteur on the right to privacy.

The report is authored by Irene Khan, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Clement Nyaletsossi Voule, Special Rapporteur on the rights to freedom of peaceful assembly and of association and Joseph Cannataci, Special Rapporteur on the right to privacy.

"As noted in previous communications sent to your Excellency's Government, we are concerned that these new rules come at a time of a global pandemic and of large-scale farmer protests in the country, where the enjoyment of the freedom of opinion and expression, including the right to receive information, and the right to privacy, is particularly important for the realisation of several other civil, cultural, economic, political and social rights," the report said.

"We would like to recall that restrictions to freedom of expression must never be invoked as a justification for the muzzling of any advocacy of multiparty democracy, democratic tenets and human rights," the report said.

The report said as a global leader in technology innovation, India has the potential to develop a legislation that can place it at the forefront of efforts to protect digital rights. However, the substantially broadened scope of the Rules is likely to do just the opposite.

"We would therefore encourage the Government to take all necessary steps to carry out a detailed review of the Rules and to consult with all relevant stakeholders, including civil society dealing with human rights, freedom of expression, privacy rights and digital rights", the report said.

"We understand the new rules were issued under the Information Technology Act of 2000 and therefore, were not subject to parliamentary review or opened for consultation with stakeholders. We believe such consultations with relevant stakeholders are essential in order to ensure the final text is compatible with India's international legal obligations, in particular with Articles 17 and 19 of the ICCPR," it added.

This observation along with India's comment will also subsequently be made available in the usual report to be presented to the Human Rights Council, it added.

 

  

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Comment on this article

  • Raj, Mangalore

    Sat, Jun 19 2021

    Joe if cant handle the truth, stay out.

    DisAgree Agree Reply Report Abuse

  • Joe, Mangalore

    Sat, Jun 19 2021

    Sunil mulla, what I posted was he is lucky that he can post anything in this country

    DisAgree [1] Agree [1] Reply Report Abuse

  • Sunil K, Mangalore

    Sat, Jun 19 2021

    Joe bhakt - People are free to criticize the government and leaders - they are not India, they only represent India. The issue arises when BJP government wants to block people from exposing its corruption and negligence. Why is the government scared ? Why are Indians tagged as Pakistanis or anti-national whenever someone speaks the truth ?

    DisAgree [1] Agree [2] Reply Report Abuse

  • G M Hegde, Udupi

    Sat, Jun 19 2021

    IT rules wont prevent any1 from posting views freely. Only when people post fake videos or video that are cause for riots, sexual misconduct, anti national, the digital identity of first initiator of such has to be instantly provided to GOI agencies without citing encryption as a reason. This is at par with Singapores Protection from Online Falsehoods & Manipulation Act (POFMA) which is follwed by Twitter Whatsapp FB Insta in singapore. Only a case of Twitter trying White digital supremacy over Indians

    DisAgree [1] Agree [1] Reply Report Abuse

  • Sma, Bengaluru

    Sat, Jun 19 2021

    Better you travel to New Delhi... where a red carpet welcome is awaiting you..

    DisAgree Agree Reply Report Abuse

  • Sameer, Riyadh

    Sat, Jun 19 2021

    The new IT rules are only a tool by the present BJP government to cut dissent/oppose/spreading of news that harms their rule. The BJP government wants to control the digital channels not to show the truth and reality because Godi Media is already being controlled by them except for a handful of channels. Shame on BJP.

    DisAgree [3] Agree [11] Reply Report Abuse

  • Joe, Mangalore

    Sat, Jun 19 2021

    Thank you stars for posting vitriolic comments against the present government and bjp leaders freely

    DisAgree [3] Agree Reply Report Abuse

  • sense_Shetty, Mangalore

    Sat, Jun 19 2021

    UN ..Please come to panambur beach ..if you are free ..I need to discuss a few things

    DisAgree [4] Agree [6] Reply Report Abuse

  • Aravind, Blr

    Sat, Jun 19 2021

    If you want to do business in India, follow Indian laws. Matter ends. In the digital age, it is only fair for Government to ask for compliance and regulation of digital platforms. What about China? What about ME where whatsapp video is blocked? The list is huge.

    DisAgree [10] Agree [7] Reply Report Abuse

  • John, Mangalore

    Sat, Jun 19 2021

    UN now totally controlled by communist chinese

    DisAgree [10] Agree [4] Reply Report Abuse

  • Ajay, Mangalore

    Sat, Jun 19 2021

    When rules are made by illiterates and goons this happens

    DisAgree [9] Agree [15] Reply Report Abuse

  • Shankar, Mangaluru

    Sat, Jun 19 2021

    Were is UN Special Rapporteurs' spine when it comes to China?

    DisAgree [18] Agree [13] Reply Report Abuse

  • Mangalurian, Mangaluru

    Sat, Jun 19 2021

    I agree. These are ad-hoc rules, not even conforming to Indian Laws, let alone the International norm. Twitter will get the support of UN! The present Central Government has to wake up!

    DisAgree [7] Agree [19] Reply Report Abuse


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