New Delhi, April 7 In response to public criticism of proposed changes to IT rules, which include bringing independent news creators under government scrutiny and mandating compliance with guidelines, MeitY met with social media platforms and civil society groups on Tuesday to discuss their concerns. IT Secretary S Krishnan later stated that the ministry is "open" to suggestions.
Krishnan indicated that the government may extend the April 14 deadline for feedback on the proposed IT rules amendments, in response to industry's demand for more time. However, he argued that the changes do not expand the government's power and, in fact, clarify existing provisions.
He stated that the government is working within the framework of the regulations and the constitution.
Krishnan said that the government has an "open mind" to suggestions and will consider industry and stakeholder views before finalizing any changes.
Krishnan said that the feedback received ranged from requests for more time to demands for the complete withdrawal of the draft amendments to the IT rules.
This comes after the Centre proposed amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which significantly broaden the scope to include "news and current affairs content" posted by non-publisher users such as influencers and content creators.
The draft effectively brings this user-generated content under the legal framework, similar to how it currently applies to registered news publishers, expanding Part III of the rules.
On March 30, the government proposed these draft amendments to the IT rules, seeking to also mandate intermediaries' compliance with clarifications, advisories, standard operating procedures, and guidelines issued by the Ministry of Information Technology – a proposal that civil society has opposed, arguing that it would bring information instruments not part of the parent statute into a legal framework.
Speaking to reporters on Tuesday, Krishnan said that MeitY met with industry and stakeholders to understand the concerns.
"...we had an interaction today with both industry and stakeholders, and a number of useful suggestions came up. They sought a little more time to give their views, which I think we will consider. They also wanted some more clarity, saying that intermediaries have been brought within Part III and in Rule 14, so what is the implication of that... that kind of process needs to be spelt out," Krishnan said.
The industry has also urged that all the guidelines be consolidated, which Krishnan said "is a reasonable request" as he promised to look into it.
The industry has also advocated for consultations to be held before any advisory is issued, Krishnan added, noting that in most cases, MeitY engages with the industry "like what we did presently", unless there is any emergency.
The stakeholders also wanted clear differentiation between the role of intermediaries (as regards Part III of the IT rules) and that of registered news publishers, as well as users' role.
Some of the suggestions received are "useful", while others are related to procedural safeguards, Krishnan explained, adding, "We will look at all of these suggestions, and also take note of all the suggestions we have received online and through other representations."
"There were some concerns that some of these rules may create problems for small businesses advertising...we will take note of all these wider suggestions which we have received before we finalise draft rules," the IT secretary said.
Krishnan said that the four changes proposed in the draft amendment include retaining information and preservation of content, which was "important from the perspective of the Law Enforcement Agency (LEA)", as well as those "purely procedural in nature", and compliance.
"...a question that has often been raised with us by many intermediaries and other companies is - what is it that we are supposed to follow, and are we expected to follow guidance that the ministry gives?" Krishnan said, adding that through the changes, the ministry proposes to define guidelines under a specific provision.
The remaining changes relate to Part III of the rules. The Ministry of Information and Broadcasting regulates "news and current affairs content", which applies to registered news publishers.
Since individual users are also posting news-related content today, it was felt that one entity – the I&B Ministry – should handle all "news and current affairs content," and the draft provisions enable this, he said.
Asked about the sudden need for these changes, Krishnan said the I&B Ministry is strongly of the view that news and current affairs content is their responsibility.
The term "news and current affairs" is already defined in the IT rules, Krishnn said, responding to another question on the interpretation of what kind of posts would come under the new ambit.
The IT rules – under Section 2 (m) – define "news and current affairs content" as "newly received or noteworthy content, including analysis, especially about recent events primarily of socio-political, economic or cultural nature, made available over the internet or computer networks" and goes on to say "any digital media shall be news and current affairs content where the context, substance, purpose, import and meaning of such information is in the nature of news and current affairs content".
To another question on the sudden need for such tweaks, given that the blocking tools/action are already with the government – 69 (a) for the IT Ministry and 79 3 (b) for various other ministries – Krishnan said the changes are "clarificatory" in nature.
"To a person outside government, why should it make a difference, whether it is Meity or MIB," he quipped.
In a post on X, the digital advocacy group Internet Freedom Foundation (IFF) affirmed its core stance: that the proposed IT Rules amendments should be completely withdrawn, as they could enable opaque censorship and violate principles of natural justice under the Information Technology Act, 2000.