Union Government proposes IT Rules amendments, IFF warns of expanded executive control
These amendments to IT Rules would require intermediaries to comply with clarifications, advisories and guidelines issued by the Ministry of Electronics and Information Technology
The government has proposed draft amendments to IT Rules that would require intermediaries to comply with clarifications, advisories and guidelines issued by the Ministry of Electronics and Information Technology (MeitY). The proposal would also extend such compliance requirements to news and current affairs content posted by users. Meanwhile, the Internet Freedom Foundation (IFF) cautioned that this move could effectively link such compliance to the retention of safe harbour protections.
According to the proposed changes, Rule 3 would be amended by inserting new sub-rules after sub-rule (3), stating that: “An intermediary shall comply with and give effect to any clarification, advisory, order, direction, standard operating procedure, code of practice, or guideline issued by the Ministry, by order in writing, in relation to the implementation, interpretation, or operationalisation of the prescribed requirements.”
Further, in Rule 8, sub-rule (1), the existing proviso would be substituted with the following:
“Provided that, for the purposes of Rules 14, 15, and 16, the rules made under this part shall apply to intermediaries and to news and current affairs content displayed, uploaded, modified, published, transmitted, stored, updated, or shared on their computer resources by users who are not publishers.”
The Ministry of Electronics and Information Technology has invited public comments on the draft amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These amendments aim to strengthen intermediary compliance with official clarifications, advisories, and directions, as well as enhance oversight of digital media. Stakeholders may submit their feedback by 14 April 2026.
The ministry stated that the amendments were clarificatory and procedural in nature, intended to improve legal certainty, strengthen enforceability of its directions, and ensure effective oversight of intermediary-hosted content, particularly news and current affairs. It also noted that submissions would be held in fiduciary capacity and will not be disclosed at any stage, enabling individuals to provide feedback freely and without hesitation.
However, in a statement, the Internet Freedom Foundation (IFF) said it had conducted a preliminary review of the draft amendments and raised serious concerns. Despite being described as “clarificatory and procedural”, IFF argued that the changes represented a significant expansion of executive power over online speech.
Calling for an immediate rollback, IFF stated: “We are alarmed by the continuing expansion of unchecked executive power, which runs contrary to the Constitution of India. The present actions of MeitY exhibit signs of digital authoritarianism, and we urge the Ministry to withdraw these proposed amendments.”
The organisation further emphasised that the appropriate course of action would be to await judicial determination of ongoing legal challenges, respect interim protections granted by constitutional courts, and pursue regulatory objectives through parliamentary legislation rather than subordinate rules that may exceed the parent statute.
IFF added that if the amendments are not withdrawn, it would submit a detailed response before the deadline. It also urged all stakeholders to submit their objections by April 14, 2026, at itrules.consultation@meity.gov.in.
