Published Mar 31, 2026 | 3:07 PM ⚊ Updated Mar 31, 2026 | 3:07 PM
Representational image. Credit: iStock
Synopsis: The Internet Freedom Foundation (IFF) has strongly criticised MeitY’s draft amendments to the IT Rules 2021, published on 30 March 2026. IFF warns the changes dangerously expand executive control over online speech, weaken safe harbour protection, and enable greater censorship. Calling it “digital authoritarianism,” IFF has demanded immediate withdrawal and urged citizens to submit objections by 14 April 2026.
Just a day after the Ministry of Electronics and Information Technology (MeitY) quietly published proposed amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Internet Freedom Foundation (IFF) has issued a strong warning, describing the changes as a “dangerous expansion of executive power” that threatens free speech and intermediary liability protections in India.
In a detailed “First Read” released on 30 March 2026, IFF called for the immediate withdrawal of the draft amendments, citing their potential to enable unchecked government-directed censorship, especially of political speech, parody, and satire. The ministry has given the public only a 15-day window to submit comments — the deadline is 14 April 2026.
IFF identified five specific amendments that it says go far beyond “clarificatory and procedural” tweaks:
1. Rule 3(1)(g) & 3(1)(h): New wording makes data retention obligations under the IT Rules additional to any other law, potentially allowing longer mandatory storage of user data.
2. Rule 3(4): A fresh clause requires intermediaries to comply with all MeitY-issued clarifications, advisories, directions, SOPs, codes of practice, and guidelines to retain safe harbour protection under Section 79 of the IT Act. These instruments are not anchored to the actual rule-making powers of the IT Act.
3. Rule 8(1) proviso: Expands the Ministry of Information and Broadcasting’s (MIB) oversight mechanism (including blocking powers under Rules 14, 15, and 16) to cover not just intermediaries but also non-publisher users who post or share news and current affairs content online.
4. Rule 14(2): Changes the scope of the Inter-Departmental Committee (IDC) from hearing “complaints or grievances” to examining any “matters” referred by MIB.
5. Rule 14(5): Replaces references to “complaints or grievances” with the broader term “the matter” in the IDC’s examination process.
Sound the Alarm : IFF’s First Read on MeitY’s Draft IT Rules Second Amendment, 2026
New Delhi, 30 March 2026
On 30 March 2026, the Ministry of Electronics and Information Technology published proposed amendments to the IT Rules, 2021, inviting public comments by 14 April, a… pic.twitter.com/NqT9dL4ppX
— Internet Freedom Foundation (IFF) (@internetfreedom) March 30, 2026
IFF argues that the amendments collectively create a sweeping, uncanalised power for MeitY and MIB to regulate online speech without adequate legal safeguards.
Key worries include:
Violation of Supreme Court precedent: The changes appear to undermine the Shreya Singhal (2015) judgment, which requires “actual knowledge” of unlawful content to come only through a court order or government notification. Rule 3(4) lowers this constitutional threshold by making compliance with vague MeitY advisories mandatory.
Circumventing High Court stays: The amendments expand oversight mechanisms that were stayed by the Bombay High Court (August 2021) and Madras High Court (September 2021) as prima facie violative of Article 19(1)(a) and ultra vires the IT Act. IFF says the government is trying to revive the blocked Code of Ethics and oversight machinery through a “different procedural door.”
Transforming the IDC into a censorship body: Previously limited to grievance redressal, the IDC can now act on any “matter” referred by the executive without any requirement that it relate to a Code of Ethics violation or that affected parties be heard.
Increased surveillance risk: Extended and additional data retention requirements could lead to longer storage of user data, raising privacy and surveillance concerns.
IFF warned that the practical outcome would be over-compliance and over-censorship by platforms, as intermediaries would remove content aggressively to avoid losing safe harbour protection.
The organisation described the move as “digital authoritarianism” coming at a time of rising government-directed censorship of online political content.
Citizens, influencers, digital rights groups, and stakeholders have until 14 April 2026 to send their comments.
Email address: itrules.consultation@meity.gov.in
IFF has urged every citizen to participate: “We call upon all stakeholders to submit their objections before 14 April 2026.”
The full draft of the proposed amendments is available on the MeitY website.
IFF has stated it will file its comprehensive response before the deadline and continues to monitor pending challenges to the 2021 IT Rules before the Delhi High Court.
