Information Technology Laws Mapping the Evolution and Impact of Social Media Regulation in India

Abstract

Growing misuse of social media calls for an urgent move towards greater legal regulation to control the menace of fake news, hate speech and disinformation among democracies. The online interactions have undergone an evolution that threatens not only free speech, privacy, data protection, national security but democracy as a whole. The subject matter assumes significance, in a democracy like India, which has recently notified a new regulatory regime - Information Technology Rules, 2021, that has fundamentally changed the regulation of online content in India. This development warrants for revisiting the prior regulatory regimes to analyse the new rules and guidelines and its impact on public sphere. The review paper aims at mapping the evolution of laws governing online content in India. The fact-finding review paper is based on reviewing existing laws, regulations, policies, research papers, media reports, articles. It also seeks to explore the linkages between the legislative regulatory gaps and regulatory framework covering rules and principles on instances of internet governance to find solutions and future developments. After critically examining new guidelines, the study found out a case of overreaching provisions that dilute free speech and privacy.