Unclear understanding of 'unlawful content' may end up curbing free speech

When the government decides to systematically intrude upon the private lives of its citizens, the line between the personal and the political no longer remains clear

The information technology ministry this week reportedly proposed an amendment to rules under section 79 of the Information Technology Act.

The amendment would necessitate intermediaries under the IT Act to proactively identify and take action against unlawful content or information online.

This move, unsurprisingly, follows a notice issued to WhatsApp in July 2018, warning it against ‘abetting’ fake news as a ‘mute spectator’ through its end-to-end encryption technology, which could potentially invite legal action.

The Information Technology [Intermediaries Guidelines (Amendment)] Rules 2018 will insert a new rule 3(5), introducing traceability on online platforms, breaking this encryption in order to retain information including messages