The Information Technology Rules 2021 go against landmark judicial precedents that uphold key rights Evaluate

Need for such rules 

To ensure compliance to domestic laws by foreign origin social media platforms, 

To set accountability on such entities on misuse and abuse platforms by users,

To bring uniform application of laws for combating unlawful content 

To set a social imperative on protection of women and children against sexual offences

But, these rules have been criticised on grounds of violation of fundamental rights of freedom to speech and expression under article 19 and right to privacy implicit in article 21. The supreme court has in the past struck down rules violating fundamental right of freedom to speech and expression as in the Shreya Shingal case of 2015 which removed section 66 of IT act, 2000. Asking social media intermediaries to provide more information without implementing a personal data protection law impinges the right to privacy devolved in Justice Puttuswamy case. This regulation also distorts the idea of self regulation by digital publishers hampering creativity and freedom of expression.  Chances of potential misuse by ruling party to suppress dissent to government\s decision are high. Moreover, this rules are notified using the executive power provided by section 87 of IT act, 2000 without the legislative process thus eroding the democratic principles.  Fundamental rights and democratic principles are a part of basic structure of Indian constitution as laid down by the supreme court in Kesavanandha Bharathi case verdict. The way forward with such regulations should be that of  deliberation with all stakeholders and following the democratic legislation process creating a balance between rights and regulations.