Posting news online? New IT rules may regulate influencers like publishers

On March 30, the IT Ministry proposed stricter laws for big tech companies and for user-generated news content. As per the proposal, user-posted news on social media is to be brought under government oversight, giving authorities powers to review, modify, or even take down such posts.

The proposal clarifies that Part III ( Rule 8) of the IT rules will apply not just to formal news publishers and social media platforms but also to users (such as influencers or content creators) who post news or current affairs content. Previously, the rules were only applied to publishers.

The proposal effectively brings user-generated news content into the regulatory framework, but it does not directly regulate users. 

On the other hand, the ministry has also proposed changes to IT laws that require social media giants, including Meta, Google, and X (formerly Twitter), to follow government advisories and clarifications as “due diligence” obligations.

Under the new proposed rule, any non-compliance will cause these companies to lose legal protection in the country, or they could be held liable for user content. It further stated that the ministry is also inviting the public to provide feedback on the proposal by April 14.

“The amendments are clarificatory and procedural in nature and are intended to improve legal certainty, strengthen the enforceability of Ministry directions, and ensure effective oversight of intermediary-hosted content, particularly news and current affairs,” the ministry document stated.

Recently, the Indian government has been making several changes to its IT laws and advisories that support its citizens’ interests. The government also reduced the deadline for platforms to remove flagged content from 36 hours to just three hours, and it also introduced new rules around AI-generated content and deepfakes.

However, the Internet Freedom Foundation shared a detailed X post expressing concerns about the new IT rule proposal. The digital rights group stated that making advisories binding could blur the line between guidance and law, and expand government control over platforms and online content.

"These proposed amendments come at a time of fear and increased government-directed censorship, especially of online political speech," IFF stated.

"Any Rule 3(4) mandating compliance with MeitY advisories would face identical challenges since they create substantive new obligations not contemplated by the IT Act."

With the proposal, the IFF expresses concern over freedom of speech, platform independence, and user rights, which could undermine due process.