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India proposes new IT rules amendments, expanding platform compliance and digital oversight

India has proposed a fresh set of amendments to its digital governance framework, a move that could significantly reshape how social media platforms, digital publishers, and online intermediaries operate in one of the world’s fastest-growing internet markets.

In a notice issued on March 30, the Ministry of Electronics and Information Technology (MeitY) invited public comments on proposed amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, with feedback open until April 14. Officials described the proposed changes as clarificatory and procedural, but legal and policy experts say the amendments could deepen regulatory oversight of digital platforms and intermediaries.

At the center of the proposal is a significant change to how intermediaries must respond to government communication. Under the draft amendments, compliance with official advisories, clarifications, and directions issued by the government would become part of the due diligence obligations required for platforms to retain safe harbour protection under Section 79 of the IT Act. Safe harbour protection shields intermediaries from liability for user-generated content, provided they follow due diligence requirements.

If implemented, the change would effectively transform government advisories from guidance into enforceable compliance requirements, increasing regulatory leverage over digital platforms operating in India.

The government has also proposed expanding the role of the Inter-Departmental Committee, an oversight body established under the IT Rules. Currently responsible for reviewing complaints related to digital media content, the committee would be empowered to take up matters referred directly by the ministry, allowing authorities to initiate reviews without waiting for formal grievances.

The proposed amendments build on an already extensive regulatory framework introduced under the 2021 IT Rules, which imposed detailed due diligence requirements on intermediaries, including obligations to remove unlawful content within specified timelines, establish grievance redressal mechanisms, and comply with traceability requirements in certain cases. More recent regulatory updates have also addressed synthetically generated content, requiring platforms to label AI-generated media and deploy measures to prevent misuse.

Government officials have framed the latest proposals as necessary to ensure an “open, safe, trusted and accountable internet,” while improving legal clarity and the enforceability of regulatory directions.

However, the cumulative impact of successive amendments suggests a broader shift in India’s digital policy approach. Analysts say the regulatory framework is gradually moving from a notice-and-takedown intermediary model toward a more compliance-driven governance structure, where platform liability protections are increasingly tied to adherence to government directions and procedural obligations.

With stakeholder feedback open until April 14, the proposed changes could mark another significant evolution in India’s digital governance regime, with implications for platform liability, content moderation practices, digital advertising ecosystems, and the broader relationship between technology companies and the state.

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