The Global Network Initiative (GNI), which counts Facebook, Google, Vodafone, and Wikimedia Foundation among its members, has called on the Indian government to revise the IT Intermediary Rules 2021 and engage in a open process to address the issues that the rules aim to address. In a letter to Union IT Minister Ravi Shankar Prasad sent on Tuesday, the GNI said that while they recognise the importance of addressing abuse of digital tools and appreciates redressal measures around content decisions in the Rules, there are concerns that remain unaddressed or have been exacerbated. The Initiative also counts the Centre for Communications Governance at the National Law University, Delhi and Digital Empowerment Foundation among its members. The Initiative added that the notification of the rules took many of its members by surprise given that the lack of formal response to the earlier consultation and lack of clarity on if/when the 2018 draft amendment would be notified. We stand ready to support content regulations in India that will be effective in addressing the legitimate concerns around online harms, while respecting the human rights principles of legality, legitimacy, and necessity and proportionality that India is committed to upholding. The GNI's concerns include the extensive range of companies and content covered by the Rules; the lack of definitional clarity around key terms and expectations; disproportionate access to user data, including provisions that may undermine encryption; and overbroad enforcement authorities. "Each of these concerns on its own can negatively impact freedom of expression and privacy…
