Justifying its decision, the Centre has told the Delhi High Court that recently amended IT Rules 2021 have a clear focus on enhancing the safety of women and children.
The Central Government has filed a fresh affidavit in Delhi High Court, where it has stated that the government is committed to freedom of speech and expression and privacy of its citizens as enshrined in the Constitution of India.
The fresh affidavit has been filed in response to a petition filed by petitioner Uday Bedi, a practising lawyer, who has challenged the impugning Rules 3 and 4 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 which have been brought into force from February 25, 2021, as a user of social media platforms such as WhatsApp, Instagram, Twitter, Telegram etc.
The affidavit submitted that the IT Rules, 2021 have a clear focus on enhancing safety of women and children, which include reporting by the aggrieved individual in respect of content such as revenge porn and similar content breaching physical privacy and taking action within 24 hours for content removal [vide clause (b) of sub-rule (2) in rule 3].
The IT Rules 2021 also have provisions that intermediary, providing services in the nature of messaging, shall cooperate with Law Enforcement Agencies (LEA) to identify the first originator of information related to rape and child sexual abuse material (CSAM) imagery for prosecution (vide sub-rule (2) in rule 4).
Centre submitted that the IT Rules, 2021 are meant to benefit a common user who is using any intermediary platforms and the IT Rules 2021 provides a set of checks and balances for the removal of unlawful content/information available on the social media platform.
Online platforms are dynamic in nature. Unlawful content spreads faster from one platform to another. Hence the intermediaries are required to swiftly ensure compliance action (removal of the content) to prevent further loss or damage to individuals or the State, the government said.
The government also submitted that the legislative intent behind the IT Rules is that the internet should be open, safe and trusted and social. Media Platforms to be accountable to the users.
According to the affidavit, other significant reasons for enacting the IT Rules 2021 include significant expansion of online intermediary ecosystem in the last ten years, the exponential growth of social media users and availability of unregulated content on all sorts of communication devices, growth of online social media platforms and their influencing capabilities.
( With inputs from ANI )
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