The Indian Ministry of Defence has announced the designation of the Additional Directorate General of Strategic Communication as the nodal officer for monitoring online content related to the Indian Army. The nodal officer will notify intermediaries about any knowledge deemed ‘unlawful’ regarding the Indian Army and its components.
This appointment comes in accordance with the provisions outlined in the Information Technology Act, 2000, 79(3)(b) and Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, Rule 3(1)(d).
According to the notification, the designated officer must hold a rank of at least Deputy Secretary in the Indian Army.
Defence Ministry concerns regarding censorship
In February this year, the Ministry of Information and Broadcasting (MIB) directed The Caravan magazine to remove a story. The article discussed the Indian Army’s alleged “torture and murder of civilians in a restive Jammu.” The magazine contested this order, which pertained to an article from its February issue titled “The Military Under Modi.” The order cited Section 69A of the Information Technology Act. This section allows the government to direct intermediaries to block online content for national security and public order.
The appointment of the Additional Directorate General of Strategic Communication as the nodal officer for monitoring online content related to the Indian Army raises concerns about censorship. This action allows a government official to classify knowledge as ‘unlawful,’ which could suppress dissenting opinions and critical discussions about military operations. Given the existing framework of the IT Act, 2000 and the IT Rules, 2021 and its provisions for content removal, such actions could lead to arbitrary censorship disguised as national security.
What are the IT Rules, 2021 and Rule 3(1)(d)?
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 are a set of rules that regulate digital media platforms in India. Ministry of Electronics and Information Technology (MeitY) and the Ministry of Information and Broadcasting (MIB) jointly developed these rules.
Rule 3(1)(d) requires intermediaries to refrain from hosting or publishing knowledge prohibited by law. This includes content related to India’s sovereignty, state security, public order, decency, contempt of court, defamation, and incitement to an offense.
Recently, the Bombay High Court overturned contentious amendments to the IT Rules, 2023. These amendments aimed to empower the government to create a Fact-Check Unit (FCU). This unit was intended to identify “fake or misleading” knowledge regarding government activities on social media. After the introduction of the FCU in 2023, comedian Kunal Kamra filed a petition in April, 2023. He sought to declare both the FCU and the amendment that established it as unconstitutional.