The criticisms regarding the restriction of free speech and expression on social media platforms under the IT Rules are “unfounded” and “incorrect” as per the Minister of State for Electronics and Information Technology Rajeev Chandrasekhar’s response to a parliamentary question on December 23. He further added that the Supreme Court’s observation that “fundamental rights are not absolute rights and they are subject to reasonable restrictions” supports his claim. The minister was responding to a question in Rajya Sabha concerning the reason for the amendment to the Information Technology Rules, 2021 and whether the government was aware of the criticisms that it had an effect on free speech. What was the amendment? The Ministry of Electronics and Information Technology (MeitY) notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2022 in October 2022. The amended rules stated the constitution of a Grievance Appellate Committee (GAC)—a government-appointed body which will look into appeals to content moderation decisions taken by intermediaries. Why it matters? Internet rights experts have raised doubts about the legality of GACs under the IT Rules and apprehensions about excessive control and pre-censorship on speech and expression on platforms, MediaNama reported. To a question on how the government will ensure free speech, Chandrasekhar said that under the amended rules, intermediaries shall “respect the rights accorded to the citizens of India under the Constitution”. However, in cases of violation, experts have warned that under the constitutional framework, citizens can seek judicial remedy only against the state and not…
