Draft Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Second Amendment Rules, 2026

The Draft Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Second Amendment Rules, 2026 (“Draft Amendments”) were released by the Ministry of Electronics and Information Technology (MeitY) on March 30, 2026.

The Amendments are meant  to strengthen compliance and increase the effectiveness of regulatory oversight of content regulation mechanisms

It notes, "The Government of India remains committed to ensuring an Open, Safe, Trusted and Accountable Internet for all users of Internet-enabled services. The proposed amendments seek to strengthen compliance with clarifications, advisories and directions issued by the Ministry under Part II, and to enhance the effectiveness of regulatory oversight of content regulation mechanisms under Part III (Code of Ethics relating to Digital Media) of the IT Rules, 2021."

The main areas of change are: 

• The privacy policies and user agreements must be clearly published by platforms in English and in one of the 22 languages recognised by the Indian Constitution.

• Prohibited content has been mentioned where users are forbidden to host.

• Warnings have been issued on the misuse of AI-generated content.

• The time for removal of unlawful content has been brought down to 3 hours (from 36 hours earlier).

• "Code of Ethics" to be followed by publishers of news and online curated content.

• Only permissible online games to be allowed and steps initiated to prevent addiction, frauds and financial loss.

• A detailed 3-tier system of grievance redressal has been established.

Many of these are areas that were earlier mentioned as suggestions. The rules make compliance with them legally mandatory for the platforms, which also have to follow every "clarification, advisory, or standard operating procedure" issued by the Ministry (MeitY). Failure to comply with the orders will result in loss of "Safe Harbour Protection" for the websites and social media platforms - which shielded the latter from being sued for things that their users posted. MeITY has begun consultations with user groups on feedback about these rules. Those media reports also note that MeITY will possibly extend the time limit for stakeholders (April 15th) to give their suggestions. 

OUR VIEW:

The new set of rules has been opposed in certain sections that fear the following:

• The new rules apparently give sweeping powers to the executive to regulate, block and take down content on social media platforms. 

• There are concerns that these could lead to infringement of the fundamental rights to free speech and freedom of expression. 

• The time limit for response by the concerned parties (a fortnight) is considered too short. 

• Finally, the case for increasing the powers of the Inter-Departmental Committee (IDC). IDC, a central oversight body specifically created to hear grievances and complaints against digital content, could be a cause for concern. This is because they have been empowered to deal with any “matter” – a generalisation that arms the body to consider virtually any issue.

The guidelines for the social media platforms are debatable issues. At one level, several countries are bringing in rules to stop young people from accessing social media, while others consider the risks. With the extensive usage of AI nowadays, spreading misinformation through such platforms becomes easier, and there may be a case for prohibited content - especially for children. Yet there is a cause for concern about "Freedom of speech and expression" in view of several court judgments. Finally, adequate time for discussions with all relevant parties is needed to arrive at the best possible solutions to keep the national interest at the fore.   

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