Govt proposes new IT Rules to expand social media takedown powers

Draft amendments to IT Rules may allow direct takedown notices to users, tighten platform liability, and expand oversight mechanisms, drawing criticism over censorship risks amid rising action against online content and AI-generated misinformation.

The Union government has proposed fresh amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, that could significantly expand its authority over online content. The draft changes would allow the Ministry of Information and Broadcasting (I&B) to issue takedown notices directly to individual social media users, extending its current powers beyond digital news publishers.

At present, such notices are primarily directed at platforms or online publishers. The proposed revision, released on March 30, is described by the government as a clarification aimed at covering “news and current affairs content” shared by non-publisher users. Officials say the move is intended to strengthen enforcement and ensure better compliance across digital platforms.

Stricter liability and oversight framework

The amendments also reinforce the role of the Ministry of Electronics and Information Technology (MeitY) in issuing advisories to social media platforms. Non-compliance with such directives could result in platforms losing their “safe harbour” protection under the IT Act, exposing them to legal liability for user-generated content.

Recent changes have already shortened the response window for takedown compliance to just a few hours, prompting platforms to act more swiftly on government directives. In some cases, companies such as Meta have reportedly increased content removals to avoid regulatory risks.

Another key proposal involves revising the role of an inter-departmental committee tasked with reviewing complaints and appeals. The updated framework broadens its scope, allowing it to examine a wider range of grievances and matters referred by the government, beyond specific violations of the existing code of ethics.

Concerns over free speech and legal challenges

The proposed changes have drawn criticism from civil society groups, including the Internet Freedom Foundation, which argues that the amendments could lead to excessive government control over online expression. The group has raised concerns that the expanded framework may bypass safeguards and increase the risk of arbitrary censorship.

Critics have also pointed to ongoing legal challenges, noting that parts of the IT Rules are already under judicial scrutiny. They argue that the new provisions could effectively rebuild oversight mechanisms that courts had earlier questioned.

The developments come amid a recent surge in takedown actions targeting social media posts, including content flagged as misinformation or AI-generated deepfakes. Union IT Minister Ashwini Vaishnaw has stated that the government’s focus remains on curbing fake news and ensuring responsible use of emerging technologies.

As the draft rules move through the consultation process, the debate over balancing regulation, platform accountability, and freedom of expression is expected to intensify.