The Permanent Mission of India to the United Nations ('PMI') issued, on 20 June 2021, a statement on the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. In particular, the PMI responded to concerns raised by the Special Procedures Branch of the Human Rights Council over the rules' potential implications on the freedom of expression and the right to privacy. In this regard, the PMI clarified that the rules were designed to empower social media users and to prevent abuse of digital platforms, including the inducement of terrorist activity, the circulation of obscene content, and the incitement of violence. Furthermore, the PMI noted that following broad public consultations, the rules were notified in February 2021, in which intermediaries were given a three-month period to comply.

Most notably, the PMI addressed concerns over Rule 4(2) which require certain intermediaries that primarily provide messaging services to identify the 'first originator' of a message when required by a government order. In response, the PMI highlighted that Rule 4(2) only applies to limited information and only when a message, already in public circulation, is giving rise to violence, impinging on the unity and integrity of India, and no other intrusive options are working. Additionally, the PMI stated that the rules have been framed under the statutory powers of the Information Technology Act, 2000, which considers the principles of reasonableness and proportionality.

Finally, the PMI outlined several salient features of the rules, including due diligence to be followed by intermediaries and mechanisms for redressing grievances.

You can read the statement here.