On March 30, the Ministry of Electronics and IT floated draft amendments that would make advisories issued by the government binding on platforms and widen takedown powers to cover any user posting on news and current affairs. The proposals also allow the Ministry of Information and Broadcasting to directly refer content for takedown to an inter-departmental committee, a shift from the earlier complaint-driven mechanism.
Apar Gupta, Founder-Director of the Internet Freedom Foundation, said the changes mark a significant expansion of state power. “It’s different in terms of expansion of power. It’s different in terms of its scope and sweep,” he said, noting a pattern of regulatory tightening over the past few years.
He added that the draft could effectively treat all social media users as digital news publishers, while also giving legal force to advisories that were previously non-binding. “Advisories… never have the force of law. They are now being made to have the force of law,” Gupta said, warning that this, along with the possibility of indefinite data retention, represents an increase in both censorship and surveillance.
The proposed Rule 8 expands takedown powers to any online content linked to news or current affairs, raising concerns among digital rights advocates that critical commentary could be targeted. The draft also comes amid ongoing legal challenges to earlier provisions of the IT Rules, with some aspects already stayed by courts.
Rohit Kumar, Founding Partner at The Quantum Hub, said the framework risks concentrating excessive authority within the government. “The way the draft has been done is legally very complicated… It is very expansive,” he said, adding that the rules now go beyond what the parent law originally envisioned.
Kumar flagged that the new mechanism allows the Ministry of I&B to refer “any matter” for takedown, with final decisions based on the committee’s recommendations. “I feel there is no check and balance left in this ecosystem, which is problematic from a freedom of speech perspective,” he said.
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Both experts cautioned that the combination of binding advisories and the threat of losing safe harbor protections could push platforms toward excessive compliance. “That is absolutely likely… Making advisories legally binding creates compliance burdens and confusion,” Kumar said.
While the government has argued that stronger oversight is needed, including to address concerns around misinformation and the role of online influencers, experts say the current draft may undermine ease of doing business and create regulatory uncertainty.
The rules remain in draft form and are open for public consultation until April 14.
