On March 30, the Ministry of Electronics and IT released draft amendments that would make government advisories binding on platforms and expand takedown powers to encompass any user discussing news and current affairs. The proposals further permit the Ministry of Information and Broadcasting to directly forward content for removal to an inter-departmental committee, moving away from the previous complaint-driven process.
Apar Gupta, Founder-Director of the Internet Freedom Foundation, remarked that these changes signify a substantial increase in state power. “It’s different in terms of the expansion of power. It’s different in terms of its scope and sweep,” he noted, highlighting a trend of regulatory tightening in recent years.
He further explained that the draft could effectively categorize all social media users as digital news publishers, while also granting legal authority to previously non-binding advisories. “Advisories… never had the force of law. They are now being made to have the force of law,” Gupta cautioned, fearing that this, alongside potential indefinite data retention, could lead to more extensive censorship and surveillance.
The proposed Rule 8 broadens takedown powers to include any online content associated with news or current affairs, raising alarms among digital rights advocates regarding the potential targeting of critical commentary. This draft also emerges amid ongoing legal challenges to earlier provisions of the IT Rules, with some elements already put on hold by courts.
Rohit Kumar, Founding Partner at The Quantum Hub, expressed concerns that the framework centralizes excessive authority in the government. “The way the draft has been structured is legally very complicated… It is very expansive,” he stated, noting that the rules exceed the intentions of the parent law.
Kumar highlighted that the new mechanism permits the Ministry of I&B to refer “any matter” for takedown, with final decisions relying on the committee’s suggestions. “I feel there is no check and balance left in this ecosystem, which is problematic from a freedom of speech perspective,” he observed.
Also Read: Watch | Govt moves to tighten social media rules; individual users may come under compliance net
Both experts warned that the combination of binding advisories and the risk of losing safe harbour protections could drive platforms toward overly excessive compliance. “That is absolutely likely… Making advisories legally binding creates compliance burdens and confusion,” Kumar added.
While the government contends that stronger oversight is necessary to tackle issues related to misinformation and the influence of online figures, experts argue that the current draft may hinder business operations and generate regulatory uncertainty.
The rules are still in draft form and will be open for public consultation until April 14.
