Indian Government Proposes New Regulations for Social Media Users

The Union government of India is advancing a draft amendment to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which would empower the Ministry of Information and Broadcasting (I&B) to issue takedown notices directly to individual social media users. Previously, such notices could only be directed at online news platforms. This amendment, introduced on March 30, 2026, aims to clarify the applicability of existing rules to “news and current affairs content hosted by non-publisher users.”

The Hindu

The Ministry of Electronics and Information Technology (MeitY) has indicated that non-compliance with advisories could jeopardize social media platforms' “safe harbour” status, making them liable for user-generated content. The government asserts that these amendments are intended to enhance legal clarity and enforceability regarding intermediary-hosted content.

The Hindu

The Internet Freedom Foundation (IFF) has criticized the proposed changes, labeling them a significant expansion of censorship and regulatory authority. The IFF argues that the amendments reconstruct oversight mechanisms previously deemed constitutionally suspect by the Madras and Bombay High Courts. They contend that the modifications to Rules 8 and 14 are designed to circumvent existing interim orders from these courts.

The Hindu

The IFF specifically points to a change in the inter-departmental committee (IDC) mandate, which now allows the IDC to hear a broader range of grievances, including those referred by the Ministry, rather than solely complaints regarding violations of the Code of Ethics. This shift raises concerns about the potential for increased governmental control over online content.

The Hindu

In recent weeks, the Indian government has escalated its issuance of takedown orders, particularly targeting content that is critical of the establishment or mocks Prime Minister Narendra Modi. IT Minister Ashwini Vaishnaw stated that the government is focusing on combating “AI-generated deepfakes” and “fake news.” Notable instances of takedowns include animations featuring Modi by The Wire and various posts on X that criticize the government.

The Hindu

Independent news outlet Molitics had its entire Facebook page blocked in India, while Mohammed Zubair, co-founder of the fact-checking site Alt News, had a post removed that provided context to a communal incident in West Bengal, despite the original post remaining online.

The Hindu

The government maintains that the amendments are procedural and aimed at improving oversight of content. In response to the IFF's concerns, officials have emphasized that the changes are meant to clarify existing regulations rather than expand governmental power.

The Hindu

There are discrepancies regarding the implications of the proposed amendments, particularly concerning their constitutionality and the extent of governmental oversight. The IFF's claims of circumventing court orders contrast with the government's assertion of enhancing legal clarity. Further, the impact of these changes on user-generated content remains to be fully assessed as the amendments are still in the proposal stage.

The Hindu

• “The cumulative effect of the amendments to Rules 8 and 14 is to reconstruct the oversight machinery that the Bombay and Madras High Courts found constitutionally suspect, in a form designed to evade the existing interim orders,” — Internet Freedom Foundation

The Hindu