The Ministry of Electronics and Information Technology (MeitY) has announced an extension for stakeholders to submit feedback on the draft amendments to the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The new deadline is set for April 29, 2023, moving from the previous date of April 12.
This move is part of the government's efforts to enhance oversight of digital media platforms and social media intermediaries such as Meta, Google, and X. The proposed amendments introduce stricter compliance requirements and content moderation obligations.
Key Changes in the Proposed Amendments
- Social media intermediaries will need to adhere to a wider array of government-issued directives, including advisories and standard operating procedures.
- Platforms must remove content that may facilitate unlawful acts within three hours of acquiring actual knowledge, which can come from a court order or a government notice.
- Failure to comply could result in the loss of safe-harbor protections from liability for third-party content.
Concerns Raised by Stakeholders
The Internet Freedom Foundation (IFF) has expressed concerns regarding the amendments, stating that they grant MeitY excessive power to issue binding instruments without proper legal foundation. They argue that this could lead to increased government censorship, particularly of political speech.
In a recent statement, Member of Parliament Nishikant Dubey suggested that social media platforms should either eliminate features like community notes or pay a tax similar to that in Australia. The IFF countered that no Australian law classifies such features as making platforms publishers liable for taxes.
Government's Position
In response to the backlash from digital rights organizations and civil society, electronics and IT secretary S. Krishnan defended the amendments as clarificatory and procedural, asserting that they do not expand government authority over online content. He indicated that the oversight of news content online would shift to the Ministry of Information and Broadcasting (MIB).
During a recent meeting, Krishnan mentioned that adjustments are being made to the amendments based on feedback, including clarifying definitions related to news and current affairs.
