MeitY issues draft amendments to IT Rules 2021, seeks comments by April 14

New Delhi: The Ministry of Electronics and Information Technology (MeitY) on Sunday issued a draft notification proposing amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and invited feedback from stakeholders till April 14, 2026. 

According to the notice dated March 30, 2026, the proposed changes aim to strengthen intermediary compliance with clarifications, advisories and directions issued by the Ministry under Part II of the IT Rules, while also enhancing the effectiveness of content regulation mechanisms under Part III relating to digital media. 

MeitY said the Government remains committed to ensuring an “open, safe, trusted and accountable Internet” for users of Internet-enabled services and described the proposed amendments as clarificatory and procedural in nature. 

Key changes proposed

Under Part II, the Ministry has proposed: a clarification in Rules 3(1)(g) and 3(1)(h) that content and user data retention obligations will be “without prejudice” to any requirements under the Information Technology Act or any other law; and

insertion of a new Rule 3(4) requiring intermediaries to comply with and give effect to clarifications, advisories, directions, standard operating procedures (SOPs), codes of practice and guidelines issued in writing by the Ministry, with such compliance forming part of due diligence obligations under Section 79 of the IT Act. 

The proposed Rule 3(4) states that such ministry-issued instruments must be in writing, indicate the legal basis, specify scope and applicability, and remain consistent with the Act and the Rules. 

Under Part III, the draft seeks to:

clarify the applicability of Rule 8 to intermediaries and to news and current affairs content hosted by intermediaries when uploaded by users who are not publishers; and

amend Rule 14 to expand the scope and functioning of the Inter-Departmental Committee, allowing it to consider not only complaints but also matters referred by the Ministry.  

Draft and consolidated text placed online

MeitY said both the draft notification and the consolidated text of the IT Rules, 2021 as they would stand after the proposed amendments have been uploaded on its website for reference. 

The Ministry said submissions will be treated in a fiduciary capacity and will not be disclosed, enabling stakeholders to send comments without hesitation. Feedback can be submitted in rule-wise manner to itrules.consultation@meity.gov.in in MS Word or PDF format by April 14, 2026. 

Why the proposal matters

The proposed insertion of Rule 3(4) is seen as significant because it seeks to make compliance with MeitY-issued advisories and clarifications part of the statutory due diligence framework for intermediaries under Section 79, which governs safe harbour protection for online platforms. 

Reuters reported that the move would effectively make government advisories legally binding for technology platforms if notified.

The proposed change to Rule 8 is also notable as it seeks to extend the scope of Part III, for specified provisions, to intermediaries and to news and current affairs content hosted on platforms even when uploaded by users who are not recognised publishers.