Information Technology (IT) Amendment Rules 2023 [UPSC Notes]

The government recently introduced new rules called the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 [IT Rules, 2023]. In this article, you can read about the IT Rules 2023 and how it impacts freedom of expression in the country. This topic is relevant for the IAS exam polity and governance segment.

IT Rules 2023

• The new rules allow a government “fact check unit” to identify false information related to any business of the central government. 
• The fact check unit can scrutinize online comments, news reports, and opinions about government officials and ministries and tell online intermediaries to censor them. 
• These rules also allow censorship by online social media companies, ISPs, and file hosting companies.

Constitutionality of the IT Rules, 2023:

• The IT Rules, 2023 were created under Section 79 of the Information Technology Act, 2000. 
• According to the Supreme Court’s Shreya Singhal judgment, intermediaries can only take action if they have actual knowledge from a court order or are notified by the appropriate government about unlawful acts.
• The IT Rules, 2023 go beyond the established restrictions and contain no definition of “fake or false or misleading” information. 
• The lack of clarity in the rules creates an unconstitutional power for government censorship.

IT Rules 2023 Impact on Freedom of Expression

• The IT Rules, 2023 do not define what constitutes “fake or false or misleading” information or the qualifications or hearing processes for the “fact check unit.” 
• The absence of protection for a “fact check unit” creates an arbitrary and discretionary power for the Union government. 
• The Press Information Bureau’s existing unit has been criticized for its lack of competence, and the IT Rules, 2023 provide no safeguards against such incompetence. 
• The proposed amendments have been criticized by the Editors Guild, Digipub, and the Indian Newspaper Society. 
• The lack of meaningful consultation before the notification of the IT Rules, 2023 is a cause for concern. 
• The government’s history of amending the IT Rules every year to extend its powers has been met with opposition.

Also read: IT Rules 2021

Conclusion:

• The IT Rules, 2023 grant the central government’s “fact check unit” Orwellian censorship powers. 
• The lack of clarity and safeguards in the rules creates an unconstitutional power for government censorship. 
• The impact on freedom of expression is a cause for concern, and the government’s history of amending the IT Rules every year to extend its powers has been met with opposition. 
• It is crucial to ensure that the IT Rules, 2023 are not used to stifle dissent or infringe on fundamental rights.

Information Technology (IT) Amendment Rules 2023:- Download PDF Here