The Concept of Originator in Terms of Information Technology Rules 2021 and its Implications on the Right to Privacy

Right to privacy is always a contestable debate in India. Considering the large numbers of social media users in India, the aspects of privacy are likely to take twists and turns again and again. The new ethics code for digital media by the ministry of information technology has unfolded new layers of privacy for social media users. Various social media entities especially WhatsApp, Facebook and Twitter are getting heavily impacted because of the robust compliance mechanism incorporated into the new rules. The concept of originator has been introduced into the legal arena for the first time in India. The social media intermediaries are required to trace the first originator under certain circumstances. On the other hand, right to privacy has been incorporated as part of fundamental rights by the judiciary. This paper explores the idea of first originator and delves upon the concern that whether the same is in violation of right to privacy of its citizen. The position is clarified long back that no fundamental right is absolute in nature. As far as the concept of originator is concerned, as of now, it presents a blurry picture as to whether the same violates right to privacy and if yes, till what extent. The authors have attempted to analyse this arguable point in light of various interpretations by scholars as well as the judiciary.