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Background:
IT Rules 2021 vs Section 69A of the IT Act:
The imposition of any kind of criminal liability under the IT Rules 2021 would far exceed the central government’s rule-making power under Section 69A of the IT Act, and the existing three-tier regulatory mechanism and content classification system prescribed under the rules are also unconstitutional for the same reason.
To understand why this is so, let us compare the provisions of the IT Rules 2021 with its parent legislation, Section 69A of the IT Act.
Conclusion:
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