India’s IT Rules, 2021: Privacy Violations and Chilling Effect on Free Speech

In the modern world, digital communication is of critical importance and it has raised important issues about the limitations that should apply to online content as far as privacy, personal rights and free speech. Information Technology Rules, 2021 have been notified by government of India under Section 87 (2) of the Information Technology Act, 2000. The rules are intended to make social media companies, digital news organisations and over-the-top (OTT) services more accountable. Detractors say that the IT Rules violate individual privacy and create a ‘chilling effect’ on freedom of expression protected under Article 19 (1) (a) of the Indian Constitution. The Government says, for its part, that these rules are crucial to combating misinformation as well as cybercrime and online harassment. In this blog, I explain how some of the provisions of the IT Rules, 2021 would face them squarely in the teeth in terms of constitutionally protected speech and expression.