New Delhi: The Ministry of Electronics and Information Technology (MeitY) has introduced draft amendments to the Information Technology (IT) Rules, 2021, that could simplify government orders to takedown user-generated news and current affairs content across digital spaces.
The proposals, released on Monday, avoid designating individual online users as formal publishers. Yet, they subject such user-generated material to the same rigorous oversight and compliance measures currently imposed on professional publishers. This development could profoundly affect content creators, digital influencers, and social media users on intermediaries like Google, as well as platforms including Facebook, Instagram, and X, according to legal observers.
Under the existing framework, Part III of the IT Rules targeted publishers of ‘news and current affairs content’ and ‘online curated content’ with specific ethical codes, procedural requirements, and safeguards for digital media. The new draft broadens this scope dramatically, encompassing all online intermediaries and every piece of news content they host — regardless of whether it originates from verified publishers or everyday users.
To bolster accountability, the government requires all such directives to be delivered in writing. These must explicitly state their legal basis, precise scope, applicability, and consistency with the parent IT legislation, minimizing ambiguity in enforcement.
The proposed amendments simultaneously address data governance by intensifying obligations for the preservation and retention of information. Clarificatory provisions safeguard against any erosion of broader legal mandates on data retention, even as platforms comply with takedown requests or user registration protocols.
