IT Rules 2021: Government Moves to Regulate User-Generated News Content
The proposed amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, mark a significant shift in how online news content may be regulated in India. The Centre has indicated its intent to expand oversight over digital content, including material shared by ordinary users.
The Ministry of Electronics and Information Technology (MeitY) has suggested changes that would widen the scope of the existing Code of Ethics under Part III of the IT Rules. At present, these provisions primarily apply to publishers of news and current affairs content.
Under the proposed framework, this Code of Ethics would also extend to intermediaries and even users who share news-related content online. This means that individuals posting news or current affairs updates on platforms could fall within the regulatory ambit.
A key feature of the amendments is the expansion of the powers of the Inter-Departmental Committee. Currently, the Committee acts mainly on complaints that pass through the regulatory structure. The draft proposes to allow the Committee to examine content even without receiving a formal complaint.
This change would enable the government to initiate scrutiny of online content on its own. Matters could be taken up based on references made directly by the Ministry, thereby broadening the scope of review beyond complaint-based mechanisms.
Part III of the IT Rules lays down standards for digital content, including adherence to journalistic norms and restrictions relating to sovereignty, public order, and decency. By extending these provisions to intermediaries and users, the proposed amendments significantly increase regulatory reach.
The changes also introduce stricter obligations for intermediaries under Part II of the Rules. Platforms would be required to comply with all directions, advisories, and guidelines issued by the Ministry. Such compliance would be treated as part of due diligence under Section 79 of the Information Technology Act.
This represents a shift from the current framework, where intermediaries are mainly required to act upon notices and ensure the removal of unlawful content. The amendments place greater emphasis on proactive compliance with government directions.
Additionally, the draft clarifies that data retention requirements will continue to apply alongside other legal obligations. This ensures that intermediaries remain accountable under multiple regulatory frameworks.
The government has described these changes as clarificatory and procedural, aimed at improving legal certainty and strengthening enforcement. However, the proposed expansion indicates a move towards closer supervision of digital content, especially news shared on online platforms.
The draft amendments were released on March 30, 2026, for public consultation. Stakeholders have been invited to submit their comments by April 14, 2026, with assurances that submissions will be treated confidentially.
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