Synopsis
Proposed amendments to India’s Information Technology Rules, 2021 spell an expanded compliance burden for intermediaries and a significant widening of government oversight of online content, said industry executives and experts.The electronics and information technology ministry on Monday released the draft changes, inviting public comments over the next 15 days, triggering a debate among policy experts, lawyers and digital rights groups.
The proposed changes expand data retention obligations under the IT Rules additional to retention requirements under any other law; makes intermediary compliance with MeitY-issued advisories legally binding, making such compliance a condition for retaining safe harbour; expands applicability of ministry of information and broadcasting's (MIB) oversight mechanism to intermediaries and users who are not publishers but share news and current affairs content online.
This oversight mechanism contains blocking powers of MIB that previously only MeitY had the power to do. The proposed change also expands the scope of the inter departmental committee from hearing "complaints or grievances" to hearing "matters", including those referred by the MIB.
The 15-day window, too, drew criticism for being too short for reforms with far-reaching implications.
