New govt should ensure that rules do not hamper internet growth: IAMAI

Section 79 of the IT Act was intended to provide intermediaries an exemption from liability for third party content, which is simply made available or hosted by the intermediary, thus recognising the role of intermediaries for the free flow of information, Internet & Mobile Association of India said in its 100 Day Agenda document.

"However, certain sections of the Act and Intermediary Due Diligence Rules issued in 2011 are poorly drafted and have become tools to censor free speech and harass intermediaries by forcing them to comply with questionable and frivolous requests for taking down legitimate content or risk losing their immunity," it added.

IAMAI said in law, the significance of the 'intermediary' should be clearly reflected in a robust and expansive 'safe harbour' granted to the intermediary in all existing laws as well as in future laws.

"If legal environment affecting Internet intermediaries in India is not clear, their current contribution of more than 1.3 per cent of India's GDP will be at risk," it added.

The association suggested that the government needs to urgently conduct a review process for the intermediary due diligence rules in consultation with stakeholders in line with commitments made to Parliament.

IAMAI suggested that authorities "convene a study group of industry, experts and policymakers (including Ministries of Commerce, and Communications and IT) within the first 100 days to look into the regulatory impediments and business hurdles that are slowing the rise of India as a global data flow and processing hub."

The industry body also suggested creating free wifi zones in all state capital and top 100 large towns in the country.

Projects like the national Optical Fibre Network (NOFN) should be accelerated using additional support along with stakeholder review of its strategic plan, it added.