The Government of India has introduced the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Second Amendment Rules, 2026, proposing changes to the 2021 IT Rules to formalize compliance obligations for intermediaries and expand oversight of user-generated news and current affairs content.
The amendments are issued under Section 87 of the Information Technology Act, 2000, which allows the government to make rules regarding intermediaries and digital media. The rules, once notified, will come into force on a date to be specified in the official notification.
Key changes introduced
1. Clarifying Intermediary Responsibilities (Rule 3, Part II)
- Data retention obligations: Clauses 3(1)(g) and 3(1)(h) are amended to specify that intermediaries’ retention and preservation of information remain “without prejudice” to other applicable laws.
- Mandatory compliance with Ministry directions: A new sub-rule 3(4) requires intermediaries to follow any clarifications, advisories, directions, SOPs, codes of practice, or guidelines issued in writing by the Ministry.
- Such directives must specify the statutory or legal basis, scope, applicability, and compliance requirements.
- Directives must be consistent with the IT Act and IT Rules, 2021.
- Compliance will form part of due diligence obligations under Section 79, which protects intermediaries from liability for third-party content.
2. Expanded Scope of Digital Media Code (Rule 8, Part III)
- The rules governing the Code of Ethics for digital media now explicitly apply to:
- Intermediaries themselves.
- News and current affairs content hosted or shared on intermediary platforms by users who are not registered publishers.
3. Strengthening the Inter-Departmental Committee (Rule 14)
- Sub-rule 14(2) is amended to allow the Committee to hear:
- Grievances arising from violations of the Code of Ethics by publishers, including cases where Level I or II grievance decisions were not made within the prescribed timeframe.
- Matters referred directly by the Ministry.
- Sub-rule 14(5) broadens the Committee’s scope to consider any referred matter—not only complaints or grievances—and make recommendations to the Ministry.
Purpose and Rationale
According to the Ministry of Electronics and Information Technology, the amendments are clarificatory and procedural, designed to:
- Provide legal certainty for intermediaries.
- Strengthen enforceability of Ministry-issued clarifications and directions.
- Ensure effective oversight of user-generated content, especially news and current affairs.
- Enhance accountability under the Code of Ethics for both intermediaries and publishers.
Public consultation
Stakeholders can submit comments on the draft rules via email at itrules.consultation@meity.gov.in in MS Word or PDF format by April 14, 2026. Submissions will be held confidentially to enable stakeholders to provide candid feedback.
The Ministry has made the draft notification and the consolidated IT Rules, highlighting proposed changes in color-coded format, available on its official website.
The amendments are part of the government’s stated commitment to an “Open, Safe, Trusted, and Accountable Internet” for all users of digital platforms.
