Regulation from the South: IT Rules of India

While the Information Technology (IT) Act of India (2000) stands as a pioneering effort in technology regulation, India introduced the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules in 2021. This move aimed to tackle emerging issues in digital spaces by regulating digital platforms, including social media platforms (SMPs), digital news portals, and OTT platforms. Despite introducing significant contemporary standards, such as the revocation of platform immunities and imposing additional obligations on Internet intermediaries, the framework faces practical challenges. This chapter analyzes the role of social media within the Indian context, examining its contributions to free speech and social movements. It also reviews the regulatory landscape prior to the 2021 IT Rules, with a particular focus on Section 66A of the IT Act. However, the core of this paper is to discuss the background, key features, and critical analysis of the newly implemented IT Rules of India, with a special emphasis on the potential challenges they pose to online speech across various SMPs. Acknowledging these challenges, the chapter concludes with suggestions for overcoming these obstacles by amending certain aspects of the IT Rules—especially those related to procedural standards and the distribution of authority mandated by the Rules.