The Ministry of Electronics and Information Technology has proposed a fresh set of amendments to the IT Rules, widening the government's oversight over online content and expanding the scope of entities that could face regulatory action.
In a key change, the draft allows the Ministry of Information and Broadcasting to issue blocking or takedown orders to platforms, a move that signals a deeper role for the ministry in the digital content ecosystem beyond its current mandate.
The proposed amendments also seek to bring user-generated news content by individuals who are not formally classified as publishers under the regulatory framework. This effectively expands the net to include influencers and independent content creators, who may now be subject to compliance requirements and potential enforcement action.
Further, the government has proposed tightening obligations on intermediaries, making it mandatory for platforms to comply with any government order, advisory or direction under the rules. This could increase the compliance burden on digital platforms while also sharpening enforcement mechanisms.
The move indicates a shift from a platform-centric regulatory approach to one that also targets end creators, reflecting the government's attempt to keep pace with the evolving nature of online content dissemination.
""This amendment reintroduces, through definitional expansion, elements that were earlier proposed in the draft Broadcasting Bill that was subsequently withdrawn following significant pushback. By broadening the scope of who may be treated as a “publisher,” the government is looking to bring "intermediary" platforms like YouTube and users who comment on news and current affairs, under the MIB's remit," Rohit Kumar, Founding Partner at the policy firm The Quantum Hub, said.
"While modeled as a benign extension of existing powers that MIB has over news publishers and OTT platforms online, this amendment is opening the door for regulating independent news and current affairs commentators, thereby creating serious risk of censorship," said Kumar.
"Already, constitutional challenges to the government oversight of media under Part III of the Information Technology (IT) Rules, 2021, have led to these provisions being stayed by the Courts. The amendment is definitely going to receive pushback and may even be challenged in courts, if notified," he added.
The ministry has invited stakeholder comments on the draft amendments until April 14, following which the rules will be finalised.
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