India Proposes Stricter IT Rules for Online News, Seeks Industry Feedback

The ministry has invited public feedback, with the consultation window closing on April 14, a deadline that may be extended further.

Speaking after a meeting with industry stakeholders, MEITY Secretary S Krishnan sought to reassure critics that the changes do not expand government authority. He also pushed back firmly against claims that the amendments are designed to suppress dissent.

"The allegation that anti-government content will be taken down is a myth," he said, adding that the government remains bound by statutory provisions and will not act beyond its constitutional mandate.

Krishnan outlined four broad categories of change driving the amendments: data and information retention requirements, compliance with existing guidelines, clearer definitions of key terms, and structural improvements to the rules themselves.

A specific provision under Section 79(2)(c) of the IT Act was discussed, with the secretary noting that "news and current affairs" content will now carry a more clearly defined meaning under the framework.

A significant feature of the draft amendments is the partial delegation of oversight over certain news content to the Ministry of Information and Broadcasting.

While overall blocking powers remain with MEITY, powers related to specific categories of news content will be shared with I&B. Krishnan stressed the need for a "sharper delineation" between the roles of intermediaries and registered news publishers.

Importantly, Part 3 of the rules is set to expand beyond registered news publishers to include non-registered digital content creators, a move that broadens the regulatory perimeter considerably while bringing checks and balances under a more unified framework.

The consultation with industry threw up several points of friction. Stakeholders raised concerns about how intermediaries will be treated under the new rules, how "news and current affairs content" will be defined, and what procedural safeguards will be in place.

Industry also flagged the potential impact of the amendments on the digital advertising ecosystem, an aspect that has received relatively little public attention so far.

Key suggestions from stakeholders included: consolidation of multiple guidelines into a single coherent framework, a clearer distinction between registered and non-registered publishers, greater transparency around compliance processes, and mandatory prior consultation before the government issues advisories to platforms.

The secretary also addressed concerns around enforcement, clarifying that there is no immediate obligation on intermediaries to proactively provide content. Actions such as takedowns or blocking follow due process, and a multi-layered, committee-based review mechanism is in place to ensure final decisions are taken only after due scrutiny.

Krishnan flagged the rapid rise of deepfakes as a pressing concern, describing their ability to portray individuals in misleading and unflattering ways.

He was categorical that social media companies are "commercial undertakings" and not vehicles of free speech, pushing back against the framing that the amendments amount to censorship. The government, he reiterated, will act only within legal limits and will not make arbitrary use of its powers.

MEITY has confirmed that the draft is open for suggestions and that final rules will reflect stakeholder inputs gathered through the consultation process.

The draft notably empowers the Ministry of Information and Broadcasting to scrutinize certain publisher content without requiring a public complaint, a provision likely to draw further attention from civil society and press freedom advocates.

Public comments on the draft IT Rules 2021 amendments can be submitted through the MEITY website. The consultation deadline may have been extended to allow broader participation.

- ANI