Sakchie Saluja, BA LLB (Hons.), Amity Law School, Noida
Akanksha Yadav, BA LLB (Hons.), Amity Law School, Noida
ABSTRACT
The right of journalists and media outlets to report the news and express ideas without interference from the government is protected by the fundamental democratic principle of freedom of the press. As a result, citizens can better make informed decisions and hold those in positions of authority responsible for their actions. It is crucial for maintaining transparency, accountability, and the transmission of knowledge in society.
The Indian government has enacted a set of rules called the IT Rules of 2021 to control social media platforms and digital information, on the other hand. These regulations compel digital platforms to follow several restrictions, such as removing particular kinds of content within a given timescale, the designation of grievance officers, and adherence to user data protection requirements. The IT Rules aim to monitor online material and encourage accountability. Still, some critics claim that enabling censorship and government control over digital media may potentially violate free speech and the right to the press. In the digital age, striking a balance between these restrictions and the core values of a free press is a constant problem. The shortcomings and unpredictable influence of the discretionary powers imposed by the IT Rules 2021 subsequently opened the way for the IT Amendment Act 2023.
The regulations required the removal of particular categories of content within a given timeframe to stop the spread of false information, harmful content, and fake news. This was viewed as a means of encouraging ethical content moderation. The changes aimed to increase the responsibility of digital platforms for the content they host. Platforms were required to designate grievance officers and set up procedures for handling user grievances and requests for content removal. These changes were made to address issues, including the propagation of false information, online harassment, and the requirement to protect user data and privacy, as well as to adapt the legislative framework to the rapidly changing digital landscape.
However, they also sparked discussions about how they would affect the right to free speech and the function of intermediaries in content regulation.
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