The government is considering stakeholder requests for more time and clarity on new digital regulation changes.
Concerns focus on stricter intermediary obligations, including content moderation and data retention under Section 67C.
The 2026 IT Amendment Rules will mandate AI content labeling and reduce takedown time for harmful content to 3 hours.
Stakeholders Flag Clarity Concerns Over New IT Rules; Govt Assures Flexibility
Stakeholders raise concerns over clarity, data retention, and compliance as India’s upcoming IT Rules 2026 propose stricter intermediary obligations and faster content takedowns
S Krishnan, secretary, Ministry of Electronics and Information Technology | Photo: Suresh K. Pandey
Summary
Advertisement
After discussions with industry stakeholders on the proposed IT rules, MeitY Secretary S. Krishnan said participants have sought greater clarity on the draft amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, adding that the government will revisit and refine the framework to address these concerns.
Under the proposed 2026 amendments to the IT Rules, the scope of the digital media regulatory framework is set to expand beyond news publishers and OTT platforms to potentially include intermediaries such as social media platforms and even users who share news and current affairs content.
Addressing the issue, Krishnan noted that stakeholders still see a lack of clarity around what obligations would apply to such users.
“The regulatory scope has traditionally applied to entities formally registered as news publishers. However, in today’s digital environment, a significant volume of news content is created and disseminated by users who are not formally registered but often function similarly to publishers. This underscores the need to revisit and refine the framework to clearly define the obligations that may apply to such users,” the Secretary said.
Advertisement
He also mentioned that there is a need to clearly differentiate between intermediaries, registered news publishers, and individual users including unregistered content creators as a sharper delineation of these categories would improve understanding and facilitate better compliance.
Krishnan also informed that the stakeholders have requested additional time to submit their views that the ministry is considering.
Another concern raised relates to intermediaries being brought under Part II of the rules which outlines the due diligence obligations for intermediaries, including requirements related to content moderation, grievance redressal, compliance mechanisms, and adherence to government or court directives.
“Stakeholders have asked for greater clarity on the implications of this change, and that clarification process needs to be strengthened,” he added.
Another key issue that stakeholders believe requires careful handling is content preservation under Section 67C of the Information Technology Act, 2000, which mandates intermediaries to retain user data and records for a government-specified period.
Advertisement
He concluded that several of the suggestions received are valuable and will be carefully examined, including those submitted online. All inputs will be thoroughly reviewed before finalizing the amendments.
A new set of digital regulations set to come into effect on February 20 are set to radically change the social media experience of Indians, with potential privacy implications.
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2026 will require users, and social media platforms, to declare and label all AI-generated content, and also tightens the window for taking down offence content from 36 hours to 3 hours.