SFLC.in has sent its submissions to the Parliamentary Committee on Subordinate Legislation on the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, highlighting the problems with the Rules.

We have also requested the Committee that in light of the points highlighted in the submission, it should take up a discussion on the IT Rules and also publish a report on this.

Some of the points highlighted in our submission document are given below:

1. Lack of adequate consultation on the IT Rules.

2. The IT Rules are beyond the scope of the parent statute i.e. the IT Act, 2000.

3. There is an excessive use of delegated/subordinate legislation in the IT Rules.

4. Some provisions of the IT Rules violate the principles outlined in the Puttaswamy judgment.

5. Part III of the IT Rules give arbitrary powers to the government and impinge upon the right to free speech and press freedom.

6. Certain provisions of the IT Rules adversely impact smaller and non-structured entities.

7. Commentary on the problems with certain provisions of the IT Rules.


A copy of the letter which was sent to the Committee can be found below: