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A statutory motion to annul the Information Technology (Intermediaries Guidelines) Rules, 2011 was defeated in the Rajya Sabha on Thursday after the Government gave an assurance on broader discussions.
The Opposition members argued that the Rules violated the freedom of speech and expression. “These Rules are ultra vires to the parent Act. Section 79 (of the Act) intended to give protection to the intermediaries. But the Rules have gone against the intent of Parliament by introducing a private censorship mechanism,” CPI(M) MP, Mr P. Rajeeve, who moved the statutory motion, said.
Regulation vs control
Mr Rajeeve said though he was not against any regulation on the internet, he was against control. “In control, there is no freedom. These rules attempt to control internet and curtail freedom of expression,” he said.
The Opposition leader, Mr Arun Jaitley, said the Emergency, announced in 1975, would have been a fiasco if internet was there. He said words like “blasphemy,” were used in the Rules. “We don't find such words even in the Constitution,” he added.
No censorship
Ensuring that a consensus will be evolved on the issue after consultations with various stakeholders and MPs, the IT Minister, Mr Kapil Sibal, said the Government has no intention to curtail freedom of expression. “This Government does not stand for censorship or regulation of free speech,” he said, and added that many provisions in the Act were to protect national security and public order.
He requested the MPs to write letters to him if they had objections to specific words used in the Rules. “I will then call a meeting of the members as well as the industry and all stakeholders. We will have a discussion and whatever consensus emerges, we will implement it,” Mr Sibal said.
Congress MP, Mr Sudarshan Natchiappan, supported the Rules. He said they contained nothing ultra vires of the parent Act. The Rajya Sabha defeated the motion in a voice vote after the debate.
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