BT Explained: What the proposed IT rules mean for influencers, platforms, users

The Ministry of Electronics and Information Technology (MeitY) has unveiled proposed amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which could dramatically change the online sharing of news and current affairs. Released on March 30, the draft changes aim to extend regulatory oversight from traditional digital news publishers to include individual users, influencers, and content creators, potentially subjecting millions to government scrutiny. This proposal is open for public consultation until April 14, 2026. Central to these amendments is an expansion of Part III of the IT Rules, which governs the Code of Ethics and introduces a three-tier oversight mechanism for digital news publishers. Previously, this framework applied solely to registered news publishers and aggregators, leaving individual users exempt. The draft proposal eliminates this exemption, meaning anyone sharing content classified as "news and current affairs" could now face the same regulatory requirements as traditional publishers. The amendments also enhance the authority of the government’s Inter-Departmental Committee (IDC), granting it the power to review, modify, or mandate the removal of content deemed problematic. This shift indicates a move away from platform-led moderation towards more direct government oversight. Officials argue that these changes aim to combat misinformation, including the proliferation of fake news and sophisticated AI-generated deepfakes. For major social media platforms like Meta Platforms, Google, and X Corp, the implications are significant. The draft rules would require these companies to adhere to government advisories and directions as part of their “due diligence” obligations. Non-compliance could jeopardize their safe harbor protections under Section 79 of the IT Act, exposing them to liability for user-generated content. The creator economy in India, estimated to encompass between 2 and 2.5 million active digital creators and generate $20–25 billion in revenue, stands to be directly affected. Many of these creators produce opinion-based content, commentary, and on-the-ground reporting, which could now be classified as news publishing, even if they do not identify as journalists. This blurring of lines poses a risk of increased legal exposure and compliance burdens for independent creators. Critics have voiced strong concerns regarding the proposed changes. Digital rights advocates, such as the Internet Freedom Foundation (IFF), describe the amendments as a form of “digital authoritarianism,” warning of heightened state control over online speech. They argue that the expansion of Rule 8(1) aims to extend the blocking powers of the Ministry of Information and Broadcasting (MIB) to include both intermediaries and users who post news and current affairs content. The IFF cautioned that the IDC could now scrutinize user-generated news content on intermediary platforms without the Code of Ethics framework being deemed constitutional, effectively granting the government oversight capabilities that have been challenged in court. Concerns regarding surveillance, data retention, platform independence, and freedom of speech have been raised, with industry experts like Deepro Guha from The Quantum Hub noting that these amendments could lead to increased censorship of individual content creators. Currently, the draft amendments remain in the consultation stage, with MeitY encouraging feedback from various stakeholders, including platforms, civil society organizations, and the public. Feedback on the draft rules can be submitted via email to itrules.consultation@meity.gov.in.