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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