Elucidating The Administrative Issues In The Information Technology

Elucidating The Administrative Issues In The Information Technology (Intermediary Guidelines And Digital Media Ethics Code)

Amrit Anupam, KIIT School of Law, KIIT University, Bhubaneswar

ABSTRACT

The program of Digital has now evolved into a movement aimed at empowering ordinary Indians via the use of technology. The widespread availability of smartphones, the internet, and other communication devices has also allowed numerous social media platforms to extend their presence in India.1 Recently, certain worrisome trends have been seen on social media sites. The pervasiveness of false news has prompted several media outlets to implement fact-checking mechanisms. The widespread use of social media to disseminate morphed photos of persons and content linked to revenge porn has frequently jeopardized women's dignity. The use of harsh language, libellous and obscene information and flagrant contempt for religious sensibilities via platforms is on the rise.

It was discovered that there is presently no effective complaint process in place where regular users of social media and OTT platforms may file their complaints and obtain remedies within a given timeline. Users have been completely reliant on the whims and fancies of social media platforms due to a lack of transparency and an effective grievance redressal system.

To address such concerns, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 was therefore passed. The Intermediary Guidelines are clearly declared to be "progressive, liberal, and contemporary," with the goal of balancing the public's various complaints about a lack of transparency, accountability, and user rights. These Intermediary Guidelines are intended to be incorporated into current information technology legislation in order to control social media and digital media platforms in India.

These rules, however, have come into conflict with multiple Indian High Courts since they aim to limit the constitutional "freedom of speech and expression," and various challenges have been filed across India contesting the legal validity of these IT Rules, 2021.

The constitutionality of the IT Rules 2021 has been contested based on arbitrariness, excessive delegation, and violation of the Right to Equality2 and Right to Privacy3. A higher tier of grievance redressal in which someone from the bureaucracy exists and challenges the decision of the level two tribunal or a self-regulating body reflects on the challenge of "separation of powers."4. And finally, when the three-tier mechanism is implemented, there is an ambiguity as to how the mechanism for enforcing the rules will function.

Therefore, in this paper, we are going to diagnose the administrative challenges of the IT Rules, 2021, and find out the future of it.