NEW DELHI, June 14 -- Digital landscape should be secure and free. Equally the Service providers must be accountable for the content on their platforms. But the question is what should be the extent of State restrictions? Can restrictions imposed by the theory of 'Compelling State Necessity' go beyond what is legitimate and necessary in a Democratic Society? Can Intermediaries/ Service providers be totally deprived of the benefits of global norm on safe harbour protection? How do you balance these competing rights? The new Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 fails to answer these penetrating questions in a viable manner, acceptable to constitutionalism and open and free democracy.

The ...