Open Access Research Article
TRACEABILITY UNDER RULE 4(2) OF THE IT (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021: A DOCTRINAL EXAMINATION OF ITS CONSISTENCY WITH SECTIONS 79 AND 87 OF THE INFORMATION TECHNOLOGY ACT, 2000
Abstract
The increasing use of encrypted digital communication
platforms has raised regulatory concerns, particularly in relation to access to
information for investigative purposes. Rule 4(2) of Information Technology
(Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021mandates a traceability obligation, on the significant social media intermediaries to identify the “first originator” of information on
lawful direction or by court order. This gives
rise to a specific legal issue as to whether
such a requirement is not beyond the scope
of IT Act, 2000.
This research paper focuses on whether the obligation to identify the first originator under
Rule 4(2) is consistent with intermediary
liability under Section 79 and the
Rulemaking power under Section
87. This paper follows a doctrinal research
methodology, focusing on statutory interpretation, case laws, academic commentary and literature review. It evaluates whether the traceability
requirement fits within the safe
harbour protection available to intermediaries
and whether the Rule remains
within the limits
of delegated legislation under sec 87 and sec 87(2)(zg) of the Act.
The analysis considers whether the obligation imposed by
Rule 4(2) alters the position of intermediaries from that contemplated under Section 79, and whether
such an obligation can be
validly introduced through the Rulemaking power under Section 87. It also
examines the operational implications of enforcing traceability in encrypted
communication systems, insofar as they bear upon the
practical application of the Rule. The study thereby
focuses on the extent to which
Rule 4(2) operates within, or is beyond the
statutory scheme of the Information Technology Act, 2000.
Published Paper
Author Details
Authors: GANISRIKA.RRegistration ID: 1013578 | Published Paper ID: IJLRA13578Approved ISSN: 2582-6433 | Country: Delhi, India
Article Information
TRACEABILITY UNDER RULE 4(2) OF THE IT (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021: A DOCTRINAL EXAMINATION OF ITS CONSISTENCY WITH SECTIONS 79 AND 87 OF THE INFORMATION TECHNOLOGY ACT, 2000
Authors: GANISRIKA.R
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 8
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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