The central government has released a draft proposal to amend the Information Technology Rules 2021, aiming to tighten regulations on social media platforms and ensure stricter compliance with government directives. Under the proposed changes, digital platforms will be required to follow all government-issued instructions, guidelines, and advisories. Failure to comply could result in these companies being held directly responsible for content hosted on their platforms. Safe Harbour protection may be removed A key provision in the draft is the potential removal of “safe harbour” protection, which currently shields platforms from liability for user-generated content. If implemented, platforms could be held accountable for every post shared by users. At present, the government has invited public feedback, objections, and suggestions on the draft until April 14. Data retention rules tightened The draft also proposes stricter norms on data retention. Platforms will not be allowed to delete data that is required to be preserved under other laws, including matters related to finance, taxation, or ongoing investigations. Expanded scope of digital media code The government plans to expand the scope of the Digital Media Ethics Code, which currently applies to news publishers. Under the new rules, even individuals posting news or current affairs content on social media could come under its ambit. Additionally, the government would have the authority to directly refer content-related matters to a review committee without waiting for formal complaints. What is Safe Harbour? Safe harbour is a legal provision that protects social media platforms and internet service providers from being held liable for illegal or objectionable content posted by users, provided they comply with certain conditions. Opposition raises concerns The proposed amendments have drawn criticism from digital rights groups, including the Internet Freedom Foundation, which has alleged that the changes could lead to increased censorship. The organisation claimed the move may be aimed at curbing content that criticises or satirises the government, and warned that weakening safe harbour protections could increase control over online speech. Focus on compliance The proposed changes come amid concerns that social media companies often delay or treat government directives as advisory rather than mandatory. If implemented, the new rules would give such directives a stronger legal basis, increasing the accountability of digital platforms.
