Warning that the proposed changes could significantly undermine free speech and expand executive control over digital content, the Editors Guild of India (EGI) has expressed strong concerns over the Draft Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Second Amendment Rules, 2026.
In a statement, the Guild criticised both the substance and intent of the draft amendments released by the Union ministry of electronics and information technology (MeitY), noting that stakeholders have been given only about two weeks to submit comments.
The Guild says that, prima facie, the amendments, which aim to strengthen compliance and improve oversight of content regulation under Part III of the IT Rules, 2021, appear to grant the government sweeping powers to regulate online content. It cautioned that the proposed framework could sharply increase compliance burdens on digital intermediaries while allowing the executive to block or take down content generated by non-news publishers and platforms.
Such provisions, the Guild warned, could directly infringe upon the fundamental right to freedom of speech and expression guaranteed under the Constitution. It added that the changes may create a 'chilling effect' on dissent and contrarian views, which are essential for a functioning democracy.
A key concern flagged in the statement concerns the proposed sub-rule (4) under Rule 3, which addresses the due diligence obligations of intermediaries. The amendment would make it mandatory for intermediaries to comply with any directive issued by MeitY, including advisories, orders, guidelines or standard operating procedures, through written instructions.
The Guild highlighted that non-compliance with such directions could result in intermediaries losing 'safe harbour' protection under Section 79 of the Information Technology Act. This protection currently shields platforms from liability for user-generated content, subject to certain conditions.
Criticising the proposal, the Guild pointed to the absence of due process in issuing such directives, along with a lack of transparency in how compliance orders would be framed and enforced.
The statement also raised objections to proposed changes to Rules 14(2) and 14(5), which would expand the powers of the Inter-Departmental Committee (IDC). Originally constituted as a grievance redressal body for digital content under the 2021 IT Rules, the IDC would now be authorised to examine any 'matter' — a term the Guild says remains undefined and overly broad.
“This generalisation effectively allows the committee to take up virtually any issue,” the Guild noted, warning that such ambiguity could lead to unchecked regulatory overreach.
Further, EGI expressed concern that certain provisions in the draft amendments appear to transfer rule-making powers entirely to the executive, thereby diluting legislative oversight mechanisms envisaged under the IT Act.
Calling for immediate action, the Editors Guild urged the government to review or withdraw the draft rules and initiate wider consultations with stakeholders, including media organisations, digital platforms, civil society groups and legal experts.
“The government must engage constructively and take into account valid concerns and objections,” the statement says.
The draft amendments come amid ongoing debates around content regulation, platform accountability and the balance between curbing harmful content and safeguarding constitutional freedoms in India’s rapidly expanding digital ecosystem.
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