Influencers and content creators find themselves in the cross-hairs as the government is set to overhaul the information technology rules to ‘regulate’ social media content. The Ministry of Electronics and Information Technology on March 30 invited feedback on draft amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021). The draft aims to regulate user-generated news content on social media platforms such as YouTube, Instagram and X.
The proposed new rules 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.
Earlier, the removal of content from social media platforms was handled by the Ministry of Electronics and Information Technology under the IT Act. So far, strict provisions mainly applied to publishers of news and current affairs content and publishers of curated online content.
What are the changes?
The amendment mainly explains what intermediaries or platforms such as YouTube, X and Instagram must do, what kind of content can be regulated, and how government directions must be followed. The amended Rule 3 states that platforms must preserve and retain user data not only under the IT rules but also under any other applicable law. This means if any law enforcement agency asks a platform to retain user data for investigation, the platform must comply even if the IT rules do not specifically mention it.
Rule 3 of the Code of Ethics says that content must not be prohibited by law, avoid explicit nudity/sexual violence, and must abide by standards similar to the Press Council of India and Cable Television Networks (Regulation) Act.
Another key change makes it mandatory for intermediaries to follow any clarification, advisory, direction or guideline issued by the government. These directions will now form part of the platform’s due diligence under Section 79 of the IT Act. This is important because safe harbour protection depends on following these rules. For example, if the government issues a written order asking a platform to remove misleading content, it must comply or risk losing legal protection.
The draft also expands the scope of regulation. The strict rules mentioned earlier mainly applied to publishers like news websites or OTT platforms. Now, they will also apply to intermediaries and to content posted by regular users related to news and current affairs. If an individual posts a video explaining a political issue or breaking news, that content could be under the ambit of the revised rules. This brings influencers, YouTubers and independent creators under regulatory oversight.
Changes have also been made to the committee, which includes representatives from key ministries such as the Ministry of Information and Broadcasting (MIB), Ministry of Women and Child Development, Ministry of Law and Justice, Ministry of Home Affairs, Ministry of Electronics and Information Technology (MeitY), Ministry of External Affairs, and Ministry of Defence, to review content-related issues.
The committee’s role has also been expanded. It can now examine any matter referred to it, not just formal complaints or grievances. This gives it wider powers to review online content and suggest action. If it finds certain content problematic, it can recommend that platforms take it down.
Besides, the government has tightened timelines for content takedown. Platforms may now be required to act within a much shorter time frame — reduced from earlier limits of up to 24-36 hours to just a few hours in urgent cases.
Why the need for change
Even before the rules are implemented, reports suggest that MeitY has started sending takedown orders to social media platforms like X, Instagram and Facebook, as well as video platforms like YouTube. Several users, including Facebook pages of news platforms Molitics, National Dastak, and satirist Rajeev Nigam, have reportedly received takedown notices.
In response, while speaking to the media, Minister of Electronics and Information Technology Ashwini Vaishnaw said that the removal of content on social media is linked to the rise in deepfake content on these platforms. The minister also mentioned that this is a growing problem due to advances in AI technology, and governments across the world are dealing with it. “You see, the amount of deepfake which is happening now, because of the new technology of AI, it has increased dramatically. Earlier also, there used to be some deepfakes, but now the amount of deepfakes has increased dramatically. And because of that, the government has to take action, the companies also have to take action. You must have seen that in the last few weeks, the amount of content which has been taken down by the companies, and also the government has issued notices, has almost doubled or tripled,” he said.
However, critics are not convinced. They allege that this is a renewed effort by the Central government to block social media handles or accounts which have been critical of the government.
Raised concerns
The proposed law has faced backlash from sections of the industry, with critics saying it could limit free speech. Experts say the fear of losing safe harbour protection could push companies to comply with government orders even if they are questionable. Digital rights advocacy group Internet Freedom Foundation (IFF) has raised concerns, calling the draft provisions a dangerous expansion of executive power over online speech. “These amendments also come shortly after the Centre changed takedown timelines to retain safe harbour to two to three hours from 24-36 hours. We wish to state at the outset that these proposed amendments need to be immediately withdrawn and every member in our citizenry should demand their roll back and stand with the Constitution. These proposed amendments come at a time of fear and increased government directed censorship, especially of online political speech that includes parody and satire of the government, including the prime minister,” said the digital rights group in a social media post.
The Press Club of India, too, expressed concern, calling such actions an example of executive overreach and urging authorities to respect the fundamental right to freedom of speech and expression under Article 19(1)(a) of the Constitution.
Activist Nikhil Pahwa pointed out the lack of transparency in how online content will be regulated. According to him, there is a risk that decisions to remove content could be taken without clear rules or public accountability.