Concerns Raised by UN Experts

A recent report from the United Nations Office of the Human Rights Commissioner highlights concerns regarding India’s Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The report indicates that these rules, in their current form, do not align with international human rights norms.

Observations by Special Rapporteurs

The observations were made by esteemed experts, including 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.

Context of the Concerns

The report expresses concern about the timing of these rules amid a global pandemic and significant farmer protests in India. It emphasizes the crucial role of freedom of opinion and expression, the right to receive information, and the right to privacy in upholding various civil, cultural, economic, political, and social rights.

Importance of Freedom of Expression

The report underlines that restrictions on freedom of expression should never be used to silence advocacy for multiparty democracy, democratic principles, and human rights. It stresses the fundamental nature of these rights in a democratic society.

Recommendations for India

While acknowledging India’s potential as a global leader in technology innovation, the report urges the government to conduct a thorough review of the IT Rules. It emphasizes the importance of consulting with all relevant stakeholders, including civil society organizations focusing on human rights, freedom of expression, privacy rights, and digital rights.

Need for Consultation and Review

The report notes that the new Rules were issued under the Information Technology Act of 2000 without parliamentary review or stakeholder consultations. It emphasizes the necessity of such consultations to ensure that the final text of the Rules aligns with India’s international legal obligations, particularly Articles 17 and 19 of the International Covenant on Civil and Political Rights (ICCPR).

Submission to Human Rights Council

The observations from the report, along with India’s comments, will be included in the usual report presented to the Human Rights Council. This process ensures transparency and accountability regarding the assessment of India’s IT Rules in relation to international human rights standards.