The Information Technology rules are draconian and grant the government arbitrary, over-broad and unchecked censorship powers that threaten the right to freedom of expression, as many as 17 organisations have said on the eve of World Press Freedom Day.
These include Access Now, Amnesty International, the Centre for Law and Democracy, Internet Freedom Foundation and others.
The most recent amendment to the intermediary guidelines that envisages a fact check unit for the central government was notified without adequate consultation, they said in a joint statement on Tuesday.
It will require social media companies to remove information relating to the Union government if the unit flags it to be "fake or false or misleading". If the intermediaries fail to do so, they can be held liable for it under the law.
"The Indian government has given itself the power to decide which information posted online is fake, false or misleading–terms that are inherently subjective and lack a clear legal definition. In effect, the government empowers itself to be the sole arbiter of truth on the internet." - Joint Statement
With this amendment, the IT Rules will undoubtedly have a chilling effect on civil society, and seriously stifle journalistic freedom. The rules can be used to curb any and all legitimate criticism of the Indian government and its policies, the statement reads.
The 17 organisations have urged the government to review and withdraw over-broad provisions of the Intermediary Guidelines, which can lead to unchecked censorship, and ensure that any framework for online content governance prioritises the fundamental right to freedom of expression.
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