THE NEW IT RULES DO NOT CONFORM WITH THE INTERNATIONAL HUMAN RIGHTS NORMS - SPECIAL RAPPORTEUR OF THE UNITED NATIONS

The Special Rapporteurs of the United Nations have written an 8-page letter to the Indian Government, expressing their concern over the new IT rules- Information Technology 
(Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. They urged the Indian Government to review or reconsider certain aspects of the regulations as it may lead to wide infringement of human rights. The letter also mentioned that the new rules do not conform 
with the International Human rights norms.

The letter was penned by Clement Nyaletsossi Voule, Special Rapporteur, on the rights to freedom of peaceful assembly and association, Joseph Cannataci, Special Rapporteur on the right to privacy and Irene Khan, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression. 

They said that the traceability for the first originator provision violates the rights to privacy, freedom of speech and expression provided in the International Covenant of Civil and Political Rights. The Special Rapporteurs further wrote that they are also concerned about the obligation on the companies to store and remove user rapidly-
generated content, which is also likely to threaten the right to expression. It not only violates freedom of expression but also freedom of privacy as a rule will be breaking 
the encryption of social media platforms.

Therefore, "We would like to encourage Indian Government to take necessary steps and 
consultation with all relevant stakeholders including civil society dealing with freedom of
expression, human rights, digital rights and privacy rights.