[India] AIC Submits Comments on Information Technology [Intermediary Guidelines (Amendment)] Rules under the Information Technology Act (15 January 2020)

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The Asia Internet Coalition (AIC) submitted comments to the Ministry of Electronics and Information Technology (MeitY) and Government of India, on “Information Technology [Intermediary Guidelines (Amendment)] Rules 2018 (Draft Rules). We commend that the Government of India is reviewing the Intermediary Guidelines to align it with judicial precedents and global practices. However, certain key provisions of the Draft Rules fail to address crucial issues such as safe harbour protection available to intermediaries, privacy rights, and the right to free speech of users. With India at the forefront of the global technology ecosystem, we find that this discussion around Draft Rules is timely and imperative. On behalf of the industry experts and our members, we write to you to express concerns around the effects of the proposed amendments to the Draft Rules. The proposed amendments create several concerns, many of which are raised in AIC’s earlier submissions.