India's New IT Proposal: Takedown Notices and Publisher-Level Rules for Social Media

“News items on social media are largely unregulated," according to MIB feedback, "that is why these amendments have been proposed,” an IT ministry official said| India News

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New Delhi: The Indian government has proposed changes to the IT Rules, 2021, which will bring individual users' online content under the same framework as publishers. This means that social media platforms will have to comply with guidelines or advisories issued by the IT ministry or face legal action.

The changes also expand the information and broadcasting ministry's (MIB) blocking powers, including through the Inter Disciplinary Committee (IDC). The IDC will now be able to take up 'matters' as opposed to 'complaints', enabling it to weigh in on a broad range of issues.

The draft amendments also introduce a new provision that requires platforms to comply with any 'clarification, advisory, order, direction, standard operating procedure, code of practice or guideline' issued by the IT ministry. This compliance is now tied to due diligence under Section 79 of the IT Act.

The changes come amid a spate of takedowns on platforms such as X, Facebook, and Instagram under Section 69A of the IT Act. The government has said that the removals largely involve deep fakes.

The draft amendments are open for public consultation until April 14.