Centre proposes to scrutinise online news content even without complaint

The Union Ministry of Electronics and Information Technology (MeitY) has proposed amendments to expand the scope of the Code of Ethics under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 to intermediaries and user-generated news content..The amendments also propose to strengthen Rule 14 by expanding the role of the Inter-Departmental Committee. The Committee will be empowered to examine matters beyond complaints, including issues referred directly by the Ministry.Under the current Rules, the Committee primarily deals with complaints escalated through the regulatory structure. The proposed change allows the government to initiate scrutiny of content without a formal grievance..Part III of the IT Rules contains the Code of Ethics for digital media. It requires publishers of news and current affairs content to follow norms of journalistic conduct and the Programme Code under the Cable Television Networks Regulation Act. It also mandates that content must not violate sovereignty, public order or decency.By extending Part III to intermediaries and non-publisher users, the amendments widen this framework. Platforms hosting news content could fall within these standards. Even users posting news and current affairs content may be covered. Such content could be subject to scrutiny and directions under the three-tier mechanism, including government oversight..Part III of the IT Rules lays down the Code of Ethics and a three-tier regulatory mechanism for digital media. A key proposal clarifies that Part III of the Rules will apply not only to publishers of news and current affairs content, but also to platforms hosting such content and even news content uploaded by non-publisher users..Under the existing framework, Part III applies primarily to “publishers of news and current affairs content” and “publishers of online curated content” or entities engaged in systematic business or professional activity of disseminating such content. Individual users and intermediaries hosting such content are not directly regulated under this Part.The proposed clarification marks a significant shift by extending the Code of Ethics and the three-tier regulatory mechanism to platforms and users who were previously outside its direct ambit..The draft amendments also revise Part II, which deals with intermediary due diligence.They introduce a provision requiring intermediaries to comply with all clarifications, advisories, directions, standard operating procedures and guidelines issued by the Ministry. This compliance will form part of due diligence under Section 79 of the Information Technology Act.At present, intermediaries must publish user policies, remove unlawful content upon notice and assist government agencies. The amendments link compliance with Ministry directions to due diligence.The draft also clarifies that data retention obligations will operate without prejudice to other applicable laws..The government has described the amendments as clarificatory and procedural in nature, aimed at improving legal certainty and strengthening enforceability of its directions.However, the changes indicate closer regulatory supervision of intermediary-hosted content, particularly in relation to news and current affairs..The draft amendments were released on March 30, 2026 for public consultation. Stakeholders can submit comments on the draft amendments by April 14, 2026. Submissions will be treated confidentially..[Read Draft Amendment]