Lok Sabha Question No. 3860 (UNSTARRED), answered on 2024-12-18
Subject: IT Rules, 2021
Ministry: ELECTRONICS AND INFORMATION TECHNOLOGY
Asked by: Smt. Sajda Ahmed

## GOVERNMENT OF INDIA MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY

## LOK SABHA

## UNSTARRED QUESTION NO. 3860

TO BE ANSWERED ON  18.12.2024

## IT RULES, 2021 3860.  SMT. SAJDA AHMED:

Will the Minister of ELECTRONICS AND INFORMATION TECHNOLOGY be pleased to state:

(a) whether the Government proposes to modify or revoke the amendments in Information  Technology(Intermediary Guidelines and Digital  Media Ethics  Code)  Rules,  2021  to  the  IT  Rules  following  the  Bombay  High Court's decision;

(b) the specific measures to be taken by the Government to ensure that any future mechanisms for addressing misinformation comply with constitutional safeguards for free speech;

(c)  whether  the  Government  proposes  to  balance  the  need  to  combat  fake news  with  the  protection  of  citizens'  rights  to  free  expression  in  digital spaces; and

(d)  if  so,  whether  the  Government  has  introduced  clearer  guidelines  for social  media  intermediaries  to  ensure  fair  and  transparent  handling  of misinformation  without  imposing  undue  censorship  and  if  so,  the  details thereof?

## ANSWER

## MINISTER OF STATE FOR ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI JITIN PRASADA)

(a) to (d):   Government of India values freedom of speech and expression, including that over the cyberspace, and this is enshrined in Article 19 of the Constitution, subject to certain  reasonable restrictions specified  thereunder. India,  as  a  large  open  internet  society,  welcomes  digital  service  providers, including social media companies, to operate and do business in the country, while emphasizing their accountability to India's Constitution and laws.

Over  the  years,  there  have  been  increasing  instances  of  misuse  of  social media  by  miscreants  and  criminals  that  include  circulation  of  fabricated contents,  morphed  images,  obscene  contents,  false  narratives,  contents  on blatant  disrespect  to  religious  sentiments,  spread  of  disharmony&hatred, incitement  of  violence,  public  order,  etc.  These  concerns  have  been  raised from  time  to  time  in  various  forums  including  in  the  Parliament  and  its committees,  judicial  orders  and  in  civil  society  deliberations  in  different parts of country. Government takes all possible actions to control the spread of  fake  and  misleading information which has potential to adversely affect the society at large.

To protect citizens' rights to free speechgranted to citizens under Article 19 of the Constitution of India and to ensure that information available over the internet  is  credible  and  not  misleading,  the  Government  enacts  laws  and regulations whenever necessary.In this direction, to protect the internet from unlawful  activities,  to  ensure  safety  and  trust  among  users  and  to  ensure accountability  towards  law  of  the  land,  the  Ministry  of  Electronics  and Information Technology ('Ministry') has notified the Information

Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021  ('IT  Rules,  2021')  in exercise of the powers  given  under  the Information  Technology  Act,  2000  ('IT  Act')  which  was  subsequently amended.  Among  other  due  diligence  obligations  prescribed  under  the  IT Rules,  2021,  the  intermediaries  are  also  required  to  respect  all  the  rights accorded to the citizens under the Constitution, including in Articles 14, 19 and  21.Further,  to  address  the  emerging  harms  in  the  cyberspace  like misinformation, Ministry has conducted multiple consultations with industry stakeholders/  social  media  platforms  and  issued  advisories  time-to-time through  which  intermediaries  were  reminded  about  their  due-diligence obligations  outlined  under  the  IT  Rules,  2021  and  advised  on  countering unlawful content including malicious 'synthetic media' and 'deepfakes'. The  Bombay  High  Court  in  the  matter  of  W.P.(L)  No.  9792  of  2023  has ruled that Rule 3(1)(b)(v) of the IT Rules, 2021, as amended in 2023,regarding the identification of fake or false or misleading information in respect of any business of the Central Government, is liable to be struck down. The IT Act and the Bharatiya Nyaya Sanhita, 2023 ('BNS') contain several provisions to tackle the menace of misinformation and fake news that punish acts such as cheating by personation using computer resource, identity theft, statements conducing to public mischief among many other provisions. The BNS penalises for making, publishing or circulating any statement or report containing  false  information,  rumour  or  alarming  news,  including  through electronic means.

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