The government on Tuesday said that it is open to modifying the proposed IT rules amendments that propose to regulate user-generated news content on social media platforms such as YouTube, Instagram, and X. While speaking to the press, Secretary of the Ministry of Electronics and Information Technology, S Krishnan, also said it may extend the April 14 deadline for receiving feedback on proposed IT rules. The move comes after the ministry on Tuesday met intermediaries and civil society groups to hear their concerns.
“If people need more time, we will see how much additional time we can provide…And once that is done, we will then accordingly figure out what needs to be done—whether something else needs to be changed. Based on representations we receive, we are prepared to—we have, in the past, modified drafts before finalization,” said Krishnan.
The new rules, which will amend the Information Technology Rules, 2021 under the Information Technology Act, 2000, give powers to the Ministry of Information and Broadcasting to remove content from platforms like X, Meta, and YouTube, similar to how it can direct the removal of news articles from news platforms. In addition, these companies will have to comply with government advisories, directions, guidelines, and standard operating procedures (SOPs).
The removal of content from social media platforms was handled by the Ministry of Electronics and Information Technology under the IT Act. Earlier Part III—Code of Ethics relating to Digital Media—of the IT Rules, 2021 mainly applied to publishers of news and current affairs content and publishers of online curated content.
The ministry held meetings with industry stakeholders and civil society organisations. Participants included companies and associations such as Meta, Google, YouTube, Snapchat, and ShareChat; and industry bodies such as IAMAI, NASSCOM, Broadband India Forum, USIBC, and USISPF, among others.
Nikhil Pahwa, a digital rights activist, said that the current rules need to be withdrawn and the infrastructure for censorship dismantled. He further said that all takedown orders are now treated like emergency orders, with three-hour takedowns, and that there is no application of mind on whether content is actually illegal or harmful, resulting in everything being taken down as an emergency.
The secretary, when asked why such a law is needed, said that the government is consolidating a number of requests received from stakeholders. One such request was for the preservation of content, which is important from a legal perspective. He added that, as far as the amendments to Part III (Code of Ethics relating to Digital Media—of the IT Rules, 2021) are concerned, it is an internal government matter as to which ministry handles specific responsibilities. The Ministry of Information and Broadcasting was strongly of the view that news and current affairs content fall under its purview.
On the definition of news and current affairs, he said that it is already defined in the rules. It includes newly received or noteworthy content, including analysis about recent events, primarily socio-political, economic, or cultural in nature, made available over the internet. He acknowledged that there may be some grey areas, especially with the rise of citizen journalism, but said that this is something society is evolving with.