IT rules have made the internet less free
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Context
An opinion article argues that the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and its frequent amendments have progressively expanded the executive's power to censor online content. This has been done without adequate procedural safeguards, undermining user rights and freedom of speech, as exemplified by the blocking of a stand-up comic's video. The author contends that these measures, often justified as responses to deepfakes and misinformation, are leading to an increase in government-directed online censorship.
UPSC Perspectives
Polity
The article highlights a critical tension between state security and fundamental rights, specifically the Right to Freedom of Speech and Expression under . While allows for reasonable restrictions on this right, the author argues the go beyond 'reasonable'. This is a classic case of the debate around executive overreach. The rules were introduced via an executive order, not parliamentary debate, and have been amended similarly, concentrating power within the . This circumvents the legislative process and raises questions about the separation of powers. The use of Section 79(3)(b) and for content takedowns without a reasoned order or hearing, as alleged in the article, challenges the procedural fairness upheld by the Supreme Court in the Shreya Singhal v. Union of India case. For UPSC, this issue is a prime example for questions on the balance between fundamental rights, national security, the scope of delegated legislation, and the need for procedural due process in the digital age.
Governance
From a governance perspective, the article points to a lack of transparency and accountability in online content moderation. The author notes that users often don't know why or by whom their content has been censored. The creation of multiple, overlapping legal powers for censorship, including state-level police agencies on the 'Sahyog portal', complicates the accountability framework. Good governance principles require clear, predictable laws and accessible recourse for grievances. However, the amendments, such as the one on March 30, 2026, which reportedly expands censorship powers to social media users commenting on current affairs, create regulatory uncertainty. This approach, as the article suggests, blurs the lines of regulation and could stifle citizen engagement, which is vital for a participatory democracy. The reliance on informal instruments like advisories having legal force without publication further erodes transparency. UPSC aspirants should analyze this from the viewpoint of administrative reforms, the need for a robust grievance redressal mechanism, and the challenges of regulating a dynamic digital space without compromising on accountability.
Social
The social implications of the IT Rules are significant, particularly concerning their chilling effect on free expression. The blocking of a stand-up comic's video, as mentioned in the article, illustrates how satire and social commentary can be stifled. When creators and ordinary users fear arbitrary censorship, they are more likely to self-censor, leading to a less vibrant and critical public sphere. The proposed expansion of rules to cover any user commenting on current affairs could disproportionately affect activists, journalists, and independent creators who use social media to disseminate information and mobilize public opinion. The article's critique of framing these rules solely as a response to deepfakes and misinformation suggests that the social cost of such broad regulations may outweigh the benefits, especially when exemptions for parody and satire are not clearly defined. This directly impacts the role of social media as a space for dialogue and dissent, a key topic under 'Role of Media & Social Media' in the Internal Security syllabus.