The Ministry of Electronics and Information Technology (MeitY) has proposed fresh amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, triggering a debate over online free speech and regulatory powers.
What has the government proposed?
The draft amendments aim to require online intermediaries—such as social media platforms including influencers to comply not just with existing rules, but also with any clarifications, advisories, or guidelines issued by MeitY.
According to the ministry, these changes are “clarificatory and procedural” in nature. They are intended to improve legal certainty, strengthen enforceability of government directions and enhance oversight of online content, especially news and current affairs. Public feedback has been invited until April 14, and submissions will be kept confidential to encourage open responses.
Why this matters?
Under India’s IT framework, intermediaries enjoy “safe harbour” protections—meaning they are not held liable for user-generated content, as long as they follow due diligence rules. Critics argue that linking compliance with future advisories or guidelines to these protections could significantly expand government control over online platforms.
What are the concerns?
The Internet Freedom Foundation (IFF), a digital rights group, has strongly opposed the move, warning that:
- The amendments could expand executive power over online speech
- Compliance requirements may become open-ended and unpredictable
- Safe harbour protections could effectively depend on adherence to government-issued advisories
IFF described the proposal as a step toward “digital authoritarianism” and called for its immediate withdrawal.
What is IFF demanding?
IFF has urged the government to roll back the proposed amendments; wait for ongoing court decisions on existing IT Rules and pursue any major regulatory changes through Parliament instead of executive rule-making. Moreover, IFF also said it will file a detailed response if the draft is not withdrawn.
Meanwhile, Opposition has also red flagged the new draft IT rules calling it an “attack on free section and freedom of press”.
Criticising the proposed draft IT rules, All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi had alleged that they pose a serious threat to press freedom and independent journalism in India.
He claimed the draft rules indicate that the government is “allergic to a free press” and warned that, if implemented, they could empower authorities to block or ban online content produced by independent journalists.
The AIMIM leader further stressed that the proposed rules could undermine citizens’ fundamental right to information, while also failing to adequately safeguard against misinformation and disinformation.
