Draft IT Rules Propose Stringent Oversight for User-Generated News Content

India's IT Ministry Proposes Draft Amendments to IT Rules

On March 30, the Indian IT Ministry released draft amendments to the IT Rules, which could expand regulatory oversight to user-generated news content on social media platforms.

Key Provisions

The proposed amendments expand the scope of the IT Rules to include "news and current affairs content" hosted or shared by users on platforms like Facebook, Google, and Instagram. This effectively brings user-posted news content under regulatory oversight, even though users are not considered publishers.

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The proposed rules do not impose direct obligations on users but allow the existing oversight machinery for digital publishers to be used on user-posted content. For instance, if a complaint is filed about a misleading political video posted by a user, the Inter-Departmental Committee can review the content, which was previously limited to news publishers.

Regulatory Powers

The government can seek removal or modification of user-posted content based on the review. This can include requiring warnings, disclaimers, or reclassification. The new draft also mandates that intermediaries must comply with government advisories or directions.

Due Diligence

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The proposed amendments also introduce a new rule (Rule 3(4)) that requires intermediaries to comply with Ministry-issued clarifications, advisories, directions, and guidelines as part of their due diligence under Section 79 of the IT Rules.