Draconian And Orwellian Draft Information Technology [Intermediaries Guidelines (Amendment) Rules] 2018 Drafted By Indian Government


Recently Indian government introduced the draft Information Technology [Intermediaries Guidelines (Amendment) Rules] 2018 (pdf). These rules have a murky and constitutionally dubious background. It all started when Supreme Court of India committed grave miscarriage of justice to victims of cyber crimes in India while deciding the Shreya Singhal v. Union of India (24th March 2015), Writ Petition (Criminal) No.167 Of 2012 (Pdf) case. In a bizarre reasoning Supreme Court held that victims of cyber crimes in India have no right to directly approach an Internet Intermediary to get appropriate remedies to enforce his/her digital rights.

According to Praveen Dalal, Supreme Court’s Judgment on Section 66A is a big blow for Cyber Law Due Diligence in India and reading down of Section 79(3) (b) and Rule 3(4) by Supreme Court in the present manner is “Counter Productive” in long run. He had also suggested that Modi Government must urgently bring suitable Amendments in the IT Act 2000 to tackle growing Cyber Threats and Cyber Crimes in India.

Instead of making Indian cyber law and cyber security strong, Narendra Modi government introduced draconian and Orwellian set of rules. One rule provide that now 10 intelligence and law enforcement agencies would have power to engage in unconstitutional surveillance and interception of innocent computer users messages, information, data, etc. Now the Internet Intermediary rule 2018 are empowering Indian government and its agencies to demand any information or order for its deletion from social media platforms, search engines, etc.

What the Narendra Modi government was required to do was to strengthen cyber security of Digital india but what it actually did was forcing of unconstitutional and Orwellian projects like Aadhaar and Internet surveillance. The truth is that Indian cyber security infrastructure is in poor condition and Digital India has made it worst.

In short, Indian government, in collusion with Indian Supreme Court, have taken away victim’s rights to fight against digital wrongs. This is not a knee jerk reaction or action but a calculated move of both Congress and BJP governments to take away Human Rights of Indians in small pieces. This is where the exclusive Centre of Excellence for Protection of Human Rights in Cyberspace (CEPHRC) decided to step in.

We have not only reactivate our blog titled Search Engine and Social Media Surveillance, Snooping, Censorship and Manipulations in India But have also launched the exclusive cyber crimes and cyber attacks fighting portal of India. The idea is to fight against Internet and Social Media censorship and surveillance in India that is going to increase significantly soon.

National and International stakeholders can also use our online platform to fight against surveillance, snooping, privacy violation, data breaches, etc. They can report all types of cyber crimes and cyber breaches, and we at Perry4Law Techno Legal Base (PTLB) would help them enforcing their Human Rights in Cyberspace free of cost.