UN Report Raises Concerns Over India’s New IT Rules
A recent report by experts at the United Nations Office of the Human Rights Commissioner has drawn attention to India’s Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, expressing reservations about their alignment with international human rights standards.
Concerns Raised by UN Experts
The report, 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, highlights several areas of concern regarding the new regulations.
The experts note that the timing of the implementation of these rules amidst a global pandemic and widespread farmer protests in India raises particular concerns about the protection of fundamental rights, including freedom of opinion and expression, access to information, and the right to privacy.
Need for Consultation and Review
The report emphasizes the importance of upholding freedom of expression and democratic principles, cautioning against any measures that could undermine these fundamental rights. It calls for a comprehensive review of the Rules and urges the Indian government to engage in meaningful consultations with all relevant stakeholders, including civil society organizations specializing in human rights, freedom of expression, privacy rights, and digital rights.
Furthermore, the experts stress the significance of aligning the Rules with India’s international legal obligations, particularly with respect to Articles 17 and 19 of the International Covenant on Civil and Political Rights (ICCPR). They underscore the need for parliamentary review and stakeholder consultations to ensure that the final text of the Rules is compatible with India’s commitments under international law.
Advocating for Digital Rights Protection
Recognizing India’s position as a global leader in technology innovation, the report encourages the government to seize the opportunity to enact legislation that upholds and protects digital rights. However, it cautions that the broadened scope of the Rules could have the opposite effect, potentially restricting freedom of expression and impeding the realization of digital rights.
Conclusion
The observations and recommendations outlined in the UN report are intended to facilitate constructive dialogue and engagement between the Indian government and relevant stakeholders. By addressing the concerns raised and ensuring that the Rules uphold international human rights norms, India can demonstrate its commitment to promoting and protecting fundamental freedoms in the digital age.
