Key Points
- SFLC.in argues draft IT Rules could force platforms to remove lawful content preemptively
- Proposed amendments would extend regulatory oversight to ordinary social media users
- Organisation warns changes could conflict with data protection rights under DPDPA
The Software Freedom Law Centre India (SFLC) has urged Ministry of Electronics and Information Technology (MeitY) to withdraw proposed amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, arguing that the changes could significantly expand government control over online speech and weaken constitutional protections for internet users.
In its submission to the ministry, the Delhi-based legal not-for-profit said the draft amendments released on 30 March 2026 could have far-reaching implications for freedom of speech under Article 19(1)(a) of the Constitution — the fundamental right that protects citizens’ right to free expression. The organisation argued the proposals could also affect intermediary liability, data protection rights and the future of digital discourse in India.
One of SFLC’s primary objections concerns a proposed requirement that intermediaries — platforms such as social media services, messaging apps and hosting providers — must comply with clarifications, advisories, orders, directions, standard operating procedures, codes of practice and guidelines issued by MeitY.
The organisation argued these instruments are executive in nature and do not carry statutory force. Making them part of intermediaries’ due diligence obligations under Section 79 of the IT Act — the provision that shields platforms from liability for user-generated content if they follow prescribed rules — could encourage platforms to remove lawful content preemptively to avoid losing their legal protection, SFLC said.
Expanded oversight of news content
SFLC raised concerns over the proposed expansion of regulatory oversight to news and current affairs content hosted by intermediaries, including content posted by ordinary users rather than professional publishers.
The broad definition of news and current affairs in the draft could cover ordinary users, commentators, independent creators, citizen journalists, comedians and others posting on political, economic, social, cultural or public-interest issues, the organisation said. This could create a censorship by proxy effect, where platforms become risk-averse and remove content without meaningful review.
The amendments could disproportionately affect smaller platforms and startups, which may lack the resources to build extensive compliance, legal review and automated moderation systems, SFLC.in argued.
The organisation also objected to the proposed expansion of the Inter-Departmental Committee’s jurisdiction. The committee, which currently handles appeals against content blocking orders, would under the draft be able to consider broader matters referred to it by MeitY.
SFLC said this could turn the committee into a forum of first instance for executive-driven content decisions rather than an appellate body.
Data retention and user rights
On data retention, SFLC said the proposed amendments could dilute user rights under the Digital Personal Data Protection Act, 2023 (DPDPA), including the right to erasure — the right of users to have their personal data deleted when it is no longer needed.
The IT Rules currently require intermediaries to retain user data for at least 180 days after the purpose for which it was collected has ended. SFLC argued that allowing extended retention periods could conflict with the DPDPA’s data minimisation principles.
The organisation said existing mechanisms under Section 69A of the IT Act — which empowers the government to direct blocking of public access to any information for reasons including sovereignty, security and public order — already provide a framework for addressing unlawful content. Any additional regime must meet constitutional standards of legality, necessity and proportionality, SFLC said.
MeitY invited public comments on the draft amendments following their release on 30 March 2026.
Your Questions, Answered
What are the draft IT Rules amendments that SFLC.in opposes?
The draft amendments to the IT Rules 2021, released by MeitY on 30 March 2026, would require intermediaries to comply with various government directives and expand regulatory oversight to news and current affairs content posted by ordinary users.
How could the draft amendments affect ordinary social media users?
SFLC.in argues the broad definition of news and current affairs could bring ordinary users, commentators, citizen journalists and creators under regulatory oversight, potentially leading platforms to remove their content without proper review.
What is the censorship by proxy effect that SFLC.in warns about?
SFLC.in says platforms may become risk-averse and remove lawful content preemptively to avoid losing their legal protection under Section 79 of the IT Act, effectively censoring speech without government orders.
How could the amendments affect data protection rights?
SFLC.in argues the amendments could allow extended data retention periods that conflict with users' right to erasure under the Digital Personal Data Protection Act 2023.
