India Proposes Binding IT Rules for Social Media, Users

India's Ministry of Electronics and Information Technology has proposed amendments to the 2021 Information Technology Rules that would make government advisories legally binding on social media platforms and extend regulatory oversight to individual users posting news-related content. The draft rules, unveiled on March 30 in New Delhi, aim to enhance compliance with content moderation directives amid rising concerns over misinformation and deepfakes.

Under the proposed changes, platforms such as Meta, Google and X would face mandatory adherence to advisories on issues including deepfake labeling, content takedowns and AI-generated material. Noncompliance would be treated as a failure to meet due diligence requirements, potentially stripping companies of safe harbour protection under Section 79 of the Information Technology Act, 2000. This legal shield currently exempts intermediaries from liability for user-generated content, provided they act on lawful orders. Officials stated the amendments seek to "strengthen enforceability" of directions and "improve legal certainty" for digital platforms.

The proposals also broaden the scope of oversight beyond registered news publishers to...