Government advisories to internet platforms may soon carry legal force, with direct implications for how user-generated content is handled, under a draft amendment to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
The proposal, issued by the ministry of electronics and information technology, on Monday seeks to make compliance with official advisories, clarifications and directions a part of the due diligence obligations that platforms must meet to retain safe harbour protection under the Information Technology Act, 2000.
The draft is open for public consultations till April 14.
If notified in its current form, the change would mean that the failure to follow such advisories could expose platforms to liability for content posted by users, marking a shift from the current framework where advisories function largely as guidance without explicit legal consequences.
The draft inserts a new provision requiring intermediaries to “comply with and give effect to” any clarification, advisory, order, direction, standard operating procedure or guideline issued by the ministry in relation to implementation of the rules. It also specifies that such communications must be issued in writing, cite their legal basis, define scope and applicability, and remain consistent with the parent law and rules.
Crucially, the draft states that compliance with these instruments will form part of due diligence under Section 79. This creates a direct link between ministry-issued advisories and the legal immunity that protects platforms from being held responsible for third-party content.
The move comes amid increased regulatory focus on issues such as deepfakes, AI-generated content and expedited takedown timelines. By embedding advisories within the due diligence framework, the government may be able to operationalise new compliance requirements without formal rule amendments each time.
The draft also introduces changes that expand the scope of the rules to cover news and current affairs content shared by users on intermediary platforms, not just content from recognised publishers. This could widen the regulatory net over user-generated material in sensitive categories.
In addition, amendments to the grievance redressal mechanism allow a government committee to examine not only user complaints but also matters referred to it directly by the ministry, potentially increasing executive oversight in content-related decisions.
Legal experts said the proposal effectively alters the status of advisories. “Once linked to due diligence, advisories are no longer optional. Non-compliance can have statutory consequences through loss of safe harbour,” a technology policy lawyer said.
The ministry has framed the changes as an effort to strengthen enforceability and improve legal certainty. However, the breadth of instruments covered — ranging from advisories to codes of practice — may raise concerns around the scope of executive discretion and compliance burdens on platforms. |
