Individual users posting news and current affairs content on social media may soon face the same regulatory framework as publishers, including takedown orders, content modification, and emergency blocking, under proposed amendments to the Information Technology (IT) Rules, 2021.
The draft changes, released by the Ministry of Electronics and Information Technology for public consultation, also propose expanding the authority of the Ministry of Information and Broadcasting in regulating online content. Comments on the draft have been invited until April 14.
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According to officials, the move is aimed at addressing the largely unregulated nature of news-related content shared by individual users on social media platforms.
“News items on social media are largely unregulated… that is why these amendments have been proposed,” an IT ministry official told Hindustan Times. According to the proposal, even those who share information from news publishers could be included.
Wider powers for content oversight
The amendments suggest a number of important changes to how the Inter-Disciplinary Committee (IDC) will operate. While currently restricted to addressing complaints, the IDC may now examine any “matter” referred to it, broadening its scope beyond formal grievances. According to legal experts, this has implications for executive power.
As per the Hindustan Times report, Pallavi Sondhi, Senior Associate at Ikigai Law said, "These draft amendments suggest a subtle yet significant expansion of MIB's powers." She further added that the draft amendments propose an extension of Rule 14 to individual users… effectively expanding jurisdiction to user-generated content.
There has also been a proposal within the government to expand blocking powers under Section 69A of the IT Act, currently vested with MeitY, to other ministries such as home, defense, and external affairs.
Advisories may become binding
Another important suggestion is with regards to social media intermediaries. They might be required to comply with any advisory, guideline, or direction issued by Meity. Failure to do so might impact their safe harbour protection under Section 79 of the Information Technology Act.
Recently, there was some friction between MeitY and social media intermediaries with regards to issues such as AI-generated content. For instance, there was a dispute involving X’s chatbot named Grok earlier this year.
Focus on deepfakes, data retention
Government officials said the rise in deepfakes generated by AI technology has resulted in the increase in the number of takedown activities on social media sites such as X, Facebook, and Instagram.
In the draft, data retention is also clarified. It states that the social media intermediary will be required to retain data for at least 180 days, irrespective of any other legal provisions.
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Policy experts have raised concerns about the breadth of the proposed powers and the lack of institutional checks.
The proposed amendments mark the second revision to the IT Rules this year, following changes in February that tightened takedown timelines and expanded due diligence requirements for intermediaries, particularly around synthetic and AI-generated content.
