Synopsis
While the draft amendments unveiled on Monday do not categorise online users as publishers, the content generated by them may face the same scrutiny and treatment as those in place for publishers under the new provisions. The move may also particularly impact content creators on social media or digital influencers both on online intermediaries like Google, as well as social media platforms such as Facebook, Instagram and X, legal experts said.While the draft amendments unveiled on Monday do not categorise online users as publishers, the content generated by them may face the same scrutiny and treatment as those in place for publishers under the new provisions. The move may also particularly impact content creators on social media or digital influencers both on online intermediaries like Google, as well as social media platforms such as Facebook, Instagram and X, legal experts said.
Till now, Part III of the IT rules recognised publishers of 'news and current affairs content', and publishers of 'online curated content' as entities to whom the code of ethics and procedure and safeguards in relation to digital media applied. This has now been amended to list all intermediaries, and all news content hosted by them online. As a result, an existing inter-departmental government committee that has the power to block content by publishers may now have its mandate extended to news content put online by any user.
"In the past, the Ministry of Information & Broadcasting's orders blocking news and current affairs content under Part III have been criticised as being overbroad and lacking transparency regarding the grounds for such action. The latest amendments will likely exacerbate these concerns and impact users and content creators’ rights to free speech," said Meghna Bal, director and Shweta Venkatesan, fellow at Delhi-based technology policy think tank Esya Centre.
The move signals tighter scrutiny of “news-like” content on social media, said Harsh Walia, partner at Khaitan & Co.
The move comes when the government is also aiming to expand the creator economy in India. The latest budget had announced a Rs 250 crore allocation to establish labs to create animation, visual effects, gaming and comics (AVGC) content in 15,000 schools and 500 higher educational institutions. This initiative also aims to train 2 million professionals by 2030 to strengthen India's Orange Economy.
According to the proposed amendments, online intermediaries have to comply with any clarification, advisory, order, direction, standard operating procedure, code of practice or guideline issued by MeitY under Section 79 of the IT rules. "This seems to extend the arm of executive power by allowing the ministry to govern through advisories, directions, etc., which presumably would not be open for consultation," Bal said.
Platforms may need to respond not only to the rules as notified, but also to a wider and evolving set of executive documents that shape how those rules are implemented, said Kazim Rizvi, founding director of New Delhi-based policy think tank The Dialogue. "For companies, especially those operating at scale, this creates a more continuous compliance environment requiring stronger internal legal, policy and operational coordination," he said.
Section 79 provides 'safe harbour' protection to online intermediaries acting as neutral hosts, exempting them from liability arising out of third-party content. But under Rule 3(b) of the section, this exemption will not be available if online intermediaries do not remove content despite being legally informed by the government. "The amendment could raise safe harbour exposure if platforms do not align with such instruments," Walia said.
Also, the committee will review complaints against violation of code of ethics by digital media not resolved at earlier stages. According to the revised provision, if a complaint alleges that a publisher has violated the code, the committee can review decisions issued by its internal grievance redressal mechanism, as well as any self-regulatory body that it is registered with. Additionally, it may directly step in if the publisher has failed to address this complaint in a timely manner.
