MeitY Gives More Time for Public Comments on IT Rule Changes

In response to the newly revealed proposed changes to the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, MeitY has pushed back the deadline for comments and feedback. Following an earlier deadline of April 12, stakeholders now have until April 29 to provide feedback on the revisions. By imposing stricter compliance criteria and content takedown obligations in the proposed guidelines amendment, the Centre aims to increase its monitoring of digital media platforms and social media intermediaries such as Meta, Google, and X.

Social media intermediaries like Meta, Google, and X would be compelled to adhere to a wider array of government-issued instruments under the proposed amendments. These modifications are issued under Section 87 of the IT Act, 2000. All of the following are part of the rules: advisories, clarifications, directives, instructions, SOPs, and codes of practice related to rule implementation.

Key Highlights of the Draft             

Stricter timeframes for content control are a major feature of the proposal. If a platform becomes aware that its content could inadvertently encourage "unlawful acts", it has three hours to remove the content. One way this "actual knowledge" can come to light is by a judicial decree or a well-reasoned official government announcement. Intermediaries risk having their safe-harbour protections against third-party content liability revoked if they do not adhere to the regulations.

The Internet Freedom Foundation (IFF) expressed concern over the amendments, stating that they grant MeitY extensive authority to issue non-legally binding instruments like clarifications, advisories, directions, standard operating procedures (SOPs), codes of practice, and guidelines. These instruments would compel intermediaries to comply with them in order to be granted safe harbour under Section 79 of the IT Act.

Why Govt is Setting New Rules for Online Content?

S Krishnan, secretary of information technology and communications, stated earlier this week that the changes are only procedural and informative in nature. Hence, they do not increase the government's control over online content. He noted this development while responding to rising opposition to the new regulations from digital rights groups, civil society, and social media behemoths.

He explained that, since user-generated news information is becoming increasingly widespread online, the move would merely involve the transfer of control of the entire flow of online news content to the MIB, which currently governs registered digital publishers. Some adjustments are being made to the amendments based on the comments received, according to Kishnan. He mentioned that phrases like "news" and "current affairs" are being defined more clearly in a meeting earlier this week, which IFF's director and founder Apar Gupta attended.