Government Proposes To Bring Social Media Content Creators Under the Ambit of IT Rules
Draft amendment brings creators under government advisories, raising free speech concerns
Chennai: The government proposes to bring social media content creators under the ambit of IT rules, mandating compliance with Ministry of Electronics and Information Technology-issued advisories and guidelines.
The proposal is part of a draft amendment to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. It seeks to bring independent news and general affairs content creators on platforms such as YouTube, Instagram, Facebook and X (formerly Twitter) under the ambit of the IT Rules.
The Centre can issue blocking orders for content hosted on social media platforms or direct users to modify content found to be in violation of norms applicable to news publishers. Under the current rules, the Ministry could issue such notices only to online news platforms.
According to Internet Freedom Foundation (IFF), a collective of digital content creators, the amendment represents a “dangerous expansion of executive power over online speech”.
“In Rule 3(4), insertion of a new clause mandates intermediary compliance with Ministry of Electronics and Information Technology-issued clarifications, advisories, directions, SOPs, codes of practice, and guidelines, making such compliance a condition for retaining safe harbour under Section 79 of the IT Act,” it posted in X.
The rules also provide for an oversight mechanism for intermediaries and users who are not “publishers” and post or share news and current affairs content online.
The original Rule 14(2) required the Inter-Departmental Committee to hear "complaints regarding violation or contravention of the Code of Ethics." The amended version removes this requirement.
The IDC will hear matters arising out of the grievances relating to violation of the Code of Ethics by the publishers, in respect of the decisions taken at the Level I or II, including the cases where no such decision is taken within the time specified in the grievance redressal mechanism; or (b) referred to it by the Ministry.
