IT ministry proposes new rules for social media news content

India's Ministry of Electronics and Information Technology (MeitY) has released a draft amendment to the IT Rules 2021, bringing news content posted by individual users under the same framework as publishers. Social media platforms must comply with ministry guidelines or face legal action. Comments are invited until April 14.

New Delhi: India's Ministry of Electronics and Information Technology (MeitY) released a draft of proposed amendments to the IT Rules 2021 on Monday for public consultation. The changes bring news and current affairs content posted online by individual users under the same framework as that posted by publishers, allowing for deletion, modification, or emergency blocking.

An IT ministry official said on condition of anonymity, "News items on social media are largely unregulated, which was the feedback we received from MIB. That is why these amendments have been proposed." The official added that content shared by a regular user from a news publisher would also fall within the scope.

The amendments expand the information and broadcasting ministry's (MIB) blocking powers, including through the Inter Disciplinary Committee (IDC), which can now take up "matters" rather than just complaints. Pallavi Sondhi, senior associate at Ikigai Law, said the changes mark "a subtle but significant expansion of the MIB’s powers," extending to the user-generated content ecosystem.

Platforms must comply with any "clarification, advisory, order, direction, standard operating procedure, code of practice or guideline" issued by MeitY, now tied to safe harbour protections under Section 79. An official cited the Grok case, noting platforms had not taken advisories seriously. Meghna Bal of Esya Centre raised concerns over the lack of safeguards, saying there are "no checks except judicial recourse."

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