Posting news online? New IT rules may regulate influencers like publishers

On March 30, the Indian Ministry of Information Technology unveiled a proposal aimed at tightening regulations for major tech firms and user-generated news content. This new initiative would place user-shared news on social media under governmental oversight, granting authorities the ability to review, modify, or even remove such posts. The proposal specifies that Part III (Rule 8) of the IT guidelines will now encompass not only formal news publishers and social media platforms but also individual users, including influencers and content creators who share news or current affairs. Previously, these regulations were limited to established publishers. By including user-generated news in this regulatory framework, the proposal aims to enhance oversight, although it stops short of directly governing individual users. Furthermore, the Ministry has suggested amendments requiring social media giants like Meta, Google, and X (formerly Twitter) to adhere to government advisories and clarifications as part of their “due diligence” responsibilities. Failure to comply with these new rules could result in the loss of legal protections within India, potentially holding these companies accountable for user-generated content. The ministry has also opened the floor for public feedback on the proposal, which is due by April 14. According to the ministry's documentation, the amendments are intended to clarify existing regulations, bolster the enforceability of governmental directives, and ensure effective monitoring of intermediary-hosted content, particularly pertaining to news and current affairs. In recent months, the Indian government has been actively revising its IT regulations to better serve the interests of its citizens. Notable changes include reducing the timeframe for platforms to remove flagged content from 36 hours to just three, along with new rules addressing AI-generated content and deepfakes. However, the Internet Freedom Foundation has raised concerns regarding the proposed IT regulations. They argue that making advisories mandatory could blur the lines between guidelines and laws, potentially increasing governmental control over platforms and online content. The organization warned that these amendments come amidst a climate of heightened censorship, particularly concerning online political discourse. They cautioned that any Rule 3(4) requiring compliance with Ministry advisories could introduce substantial new obligations not originally envisioned by the IT Act, thereby jeopardizing free speech and user rights.