significantly diluted over its years-long
development, leaving broad exemptions
for government entities and lacking
clear restrictions on surveillance and
data processing without consent
(Panjiar, 2023). The Intermediary
Guidelines introduce a traceability
provision that compels platforms to
identify the original sender of
messages—undermining end-to-end
encryption and severely compromising
user security (Bansal, 2021).
TABLE 2 - RELEVANT TECH-RELATED POLICIES IN INDIA
Law
Information
Technology
(Intermediary
Guidelines and
Digital Media Ethics
Code) Rules, 2021
Description
● Threatens privacy and freedom of expression, enables
censorship, and facilitates unlawful government
surveillance.
● Aims to replace the Information Technology Act, 2000,
[Proposed] Digital
addressing digital governance, online safety, intermediary
India Bill, 2023
accountability, and emerging technology risks.
● Despite pushback from tech companies, it has received
overwhelming support (Shiekh, 2024).
Telecommunication ● Repeals the Telegraph Act, 1885 and Wireless Telegraph Act,
Act, 2023
1933, granting broad government powers to intercept
messages, break encryption, and impose internet
shutdowns.
● Creates a communications surveillance framework that
forces platforms to disclose user content in an intelligible
format, inconsistent with necessity and proportionality
principles.
Digital Personal Data ● Developed over six years, the statute introduces vague data
Protection Act, 2023
processing rules, government-appointed oversight, and
exemptions for data fiduciaries.
● Lacks data portability and the right to be forgotten, reduces
private sector compliance burdens, and introduces broad
government blocking powers.
● Raises concerns over definitional ambiguity, blanket
exemptions, and mandated data localization.
12