'Misuse' of digital media has 'direct implications for democratic rights': Centre on IT rules

On Monday, the central government submitted a 150-page affidavit to the Delhi High Court in response to pleas challenging the new IT rules.

The affidavit stated that the rules, intended to regulate digital news platforms, social media sites, and OTT platforms, do not infringe upon the right to free speech. Instead, it said, it seeks to prevent "disinformation" or "fake news".

The affidavit was a response to pleas challenging the validity of the rules – officially known as the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules – filed by organisations like the Quint, the Wire and the News Minute. Calling the pleas challenging the rules "fallacious", the central government said they are liable to be dismissed.

"Since correct information lies at the heart of the democratic discourse, misuse arising out of exchange of information in the digital media space has direct implications for democratic rights of citizens," the affidavit stated, according to Livelaw. "Disinformation, or simply fake news, on digital media is one of the misuse of electronic records which may lead to violation of other fundamental rights..."

The government also said the rules fall within the scope of the IT act and that they do not "provide for any pre-censorship of content".