IT rules have made the internet less free, Pg11

Key Highlights:

• Stand-up comic Pulkit Mani's video was blocked on Instagram on March 18 under Section 79(3)(b) of the IT Act.
• The Information Technology Rules, 2021, issued on February 25, 2021, have been continuously expanded, increasing executive power over online content.
• On February 10, takedown timelines were compressed to three hours, with no exemptions for parody or satire.
• On October 10, 2025, insertions supported the Sahyog censorship portal, allowing numerous state police officers and central agencies to order content takedowns.
• Proposed amendments on March 30 aim to expand censorship powers to social media users commenting on current affairs and politics.

Detailed Insights:

• The IT Rules, 2021 have faced challenges in various high courts, with some provisions struck down as unconstitutional, but many cases remain pending.
• Multiple legal powers for censorship are being utilized, leaving users unaware of the reasons and entities behind content takedowns and account restrictions.
• The proposed amendments also seek to give legal force to informal instruments like advisories and SOPs without requiring their publication.
• Mandatory data retention timelines for intermediaries, including email providers and ISPs, are set to be expanded beyond the current three-month cap.
• Union Minister Ashwini Vaishnaw has defended the changes to the IT Rules as a response to deepfakes and AI-generated misinformation.

Key Concepts Involved:

• Section 79(3)(b) of the IT Act: Deals with the liability of intermediaries in certain cases of unlawful content.
• Information Technology Rules, 2021: A set of rules governing the regulation of online content and intermediaries in India.
• Sahyog censorship portal: A platform enabling multiple state police officers and central agencies to order content takedowns.