India: Ministry of Electronics and Information Technology opened consultation on amendment to Information Technology (Intermediary Guidelines and Digital Media Ethics Code) on rules strengthening intermediary compliance

Description

Ministry of Electronics and Information Technology opened consultation on amendment to Information Technology (Intermediary Guidelines and Digital Media Ethics Code) on rules strengthening intermediary compliance

On 30 March 2026, the Ministry of Electronics and Information Technology (MeitY) opened a consultation on an amendment to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) on rules strengthening intermediary compliance, until 14 April 2026. The amendments clarify that intermediaries' existing obligations to preserve removed content and retain user registration data for 180 days operate without prejudice to any longer or stricter retention requirements under other laws, resolving a potential conflict between the Information Technology (IT) Rules and sector-specific legislation. Further, a new rule requires intermediaries to comply with any advisory, direction, standard operating procedure, or guideline issued in writing by MeitY, with such compliance forming part of their statutory due diligence obligations under Section 79 of the IT Act, meaning non-compliance risks loss of safe harbour protections from liability for third-party content. Thirdly, the scope of the Code is extended to cover news and current affairs content uploaded by ordinary users on intermediary platforms, closing a gap whereby such user-generated content previously fell outside the regulatory framework. Fourth, the Inter-Departmental Committee's mandate is broadened so that it may hear matters referred directly by the Ministry, rather than being limited solely to escalated publisher grievances.

Original source

Scope

Policy Area
Content moderation
Policy Instrument
Content moderation regulation
Regulated Economic Activity
platform intermediary: user-generated content
Implementation Level
national
Government Branch
executive
Government Body
central government

Complete timeline of this policy change

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2026-03-30
in consultation

On 30 March 2026, the Ministry of Electronics and Information Technology (MeitY) opened a consultat…

2026-04-14
processing consultation

On 14 April 2026, the Ministry of Electronics and Information Technology (MeitY) closes the consult…