On June 6, 2022, MEITY published draft amendments to the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021, for public comments. (https://www.meity.gov.in/content/seeking-public-comments-proposed-draft-amendment-part-i-and-part-ii-information-technology-0)
In our response, we point to how the entire IT Rules framework under Section 79 of the Information Technology Act needs to be revised as the parent statute does not contemplate the introduction of the variety of obligations being introduced through delegated legislation. Further, implementing overly prescriptive rules, including by creating a government entity to oversee content removal requests, would chill fundamental rights. Instead, the focus should be to ensure that
intermediaries provide their users with appropriate mechanisms for grievance redress.
Citation: Comments to MEITY on Proposed Draft Amendments to the IT Rules, 2021, Rishab Bailey and Smriti Parsheera, July 2022