Hukum Etika Ti

Nama : Rifqi Dhika Saputra
NPM : 2022806023
Kelas : Teknologi Informasi 3 (shift)
India: New amendments to the Information Technology Regulations that

threaten press freedom must be withdrawn
the organizations undersigned, are concerned by the further expansion of government control
over online content through the draconian Information Technology Amendment Regulation
(intermediary guidelines and Digital Media Code of Conduct), 2023 (it Regulation, 2023),
which amends the already problematic it Regulation . Rules of 2021.
On April 6, 2023, the Ministry of Electronics and Information Technology (MeitY) notified
the amendment authorizing the “central government fact-checking unit” to identify online
content “in connection with any business of the Central Government” as “false or fraudulent
or misleading.” Online intermediaries, including social media companies and internet service
providers, will be required to remove such content. If intermediaries fail to remove such
content, they risk losing the protection of a safe haven, and could be held liable in court for
third-party information hosted on their platforms. The regulation was announced without
adequate and meaningful consultation with journalists, press bodies and civil society
organizations.
The IT regulation, of 2023, gives the government arbitrary, excessive and uncontrolled
censorship powers that threaten the right to freedom of expression and opinion enshrined in
the Indian Constitution and international human rights law. This includes the right to freely
seek, receive, and communicate information. The regulation severely threatens the freedom
of the press and the ability of journalists, writers, activists, civil society organizations, human
rights defenders, artists, politicians, and others, to speak freely online. Under the pretext of
combating online misinformation and Disinformation, The Indian government has given the
authority to decide which information posted online is false, false, or misleading – terms that
are essentially subjective and have no clear legal definition. As a result, the government
empowers itself to be the sole arbiter of truth on the internet.
International human rights law requires that any restriction on freedom of expression and
opinion has a legitimate purpose, and is governed by law, and is necessary and proportionate .
It is clear that the IT Rules, 2023 silences dissent, using vague terms that run counter to the
requirement that legislation should be clearly formulated. Although the impact of online
misinformation or disinformation on Human Rights is significant, international human rights
standards clearly state that a general ban on the dissemination of information based on the
fact that the information may constitute “fake news”, cannot serve as an excuse to restrict
content. The IT regulation of 2023 does not meet the criteria of legitimate purpose, legality,
necessity and proportionality, and is contrary to India's obligations under international human
rights law.
The IT Regulation 2021 has been widely criticized for adversely affecting freedom of speech,
media freedom, and lack of accountability from the government. The latest amendments have
only exacerbated these concerns. The ordinance faced several legal challenges in Indian
courts, and certain provisions were retained because, as the Madras High Court observed, "a
surveillance mechanism to control the media by the Government may usurp the independence
of the media and a pivotal pillar of government accountability". to control the media by the
Government may deprive the media of its independence and the fourth pillar of democracy
may not be there at all." The rules, which regulate intermediaries such as social media
companies and news publishers, are a digital suppression tactic aimed at completely
controlling online content and digital news in India. The rules have already led to reports of
excessive censorship of online content.
These rules come into force at a time when press freedom, and the safety and security of
journalists, are under serious attack in India. Journalists face harassment, intimidation, smear
campaigns, censorship, assault and imprisonment under draconian laws. Media houses have
faced raids and 'surveys' by central financial institutions that have been weaponized to
suppress independent media and civil society. The raid on the BBC offices and the
subsequent investigation conducted against media houses is the latest example and comes
after the BBC released 'India: The Modi Question', a two-part documentary criticizing the
Indian Prime Minister. Financial and investigative agencies have previously raided the offices
of news organizations NewsLaundry, The Quint, Greater Kashmir and others.
In addition, surveillance of journalists and activists continues with impunity. Those targeted
by spyware await accountability for past abuses. In 2021, following Amnesty International's
revelations in Project Pegasus about spyware produced by Israeli company NSO, the
Supreme Court of India set up a technical committee to investigate offenses involving the
software. In 2022, the committee completed its investigation, but the court has yet to publish
the report's findings. The court further noted that Indian authorities "did not cooperate" with
the technical committee's investigation.
In an atmosphere of increasing repression and impunity, the IT Regulation, with its recent
amendments, will undoubtedly have an adverse impact on civil society, and severely curb
journalistic freedom. It can be used to silence any and all legitimate criticism of the Indian
government and its policies.
On World Press Freedom Day 2023, we urge the Indian authoritiess to:
 Immediately repeal the amended Information Technology (Intermediary Guidelines
and Code of Conduct for Digital Media) Rules, 2023. (The IT Rules, 2023)
 Review and repeal the overly broad provisions in the Intermediary Guidelines and
Code of Conduct for Digital Media) Amendment Rules, 2021 that give excessive
powers to the government and lead to uncontrolled censorship
 Fully commit to protecting media freedom and ensuring that journalists can do their
work freely and without fear of persecution
 Ensure that any laws or regulations related to the governance of online content are
developed in consultation with all stakeholders, including civil society and journalists,
and while prioritizing the fundamental right to freedom of expression.

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Nama : Rifqi Dhika Saputra

India: New amendments to the Information Technology Regulations that

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