Explained | Centre's draft IT rules: How are they going to affect social media creators

The Ministry of Electronics and Information Technology (MeitY) on March 30, 2026 published the draft Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Second Amendment Rules, 2026, seeking stakeholders’ views by April 14.

The draft rules significantly expand government oversight of online content, particularly targeting independent creators, including YouTubers, Instagram Reels creators, X (formerly Twitter) users, and other influencers with significant following, who are not “publishers” but post or share news and current affairs content online.

"The Government of India remains committed to ensuring an open, safe, trusted and accountable internet for all users of internet-enabled services. The proposed amendments seek to strengthen compliance with clarifications, advisories and directions issued by the Ministry under Part II, and to enhance the effectiveness of regulatory oversight of content regulation mechanisms under Part III (Code of Ethics relating to Digital Media) of the IT Rules, 2021," the MeitY notification states.

Digital rights activists, including the Internet Freedom Foundation (IFF), have termed the draft rules “digital authoritarianism”.

According to the IFF, the draft rules propose the following changes:

• Rule 3(1)(g) and 3(1)(h): Insertion of phrases within existing clauses, making data retention obligations under the IT Rules additional to retention requirements under any other law.

• Rule 3(4): Insertion of a new clause that mandates intermediary compliance with MeitY-issued clarifications, advisories, directions, SOPs, codes of practice, and guidelines, making such compliance a condition for retaining safe harbour under Section 79 of the Information Technology Act.

• Rule 8(1) proviso: A substitution in the proviso that expands applicability of Ministry of Information and Broadcasting (MIB) oversight mechanism in Part III of the rules to: (1) intermediaries and (2) users who are not “publishers” and post/share news and current affairs content online. This oversight mechanism contains the blocking powers of MIB by way of Rule 14 (Inter-Departmental Committee), Rule 15 (Procedure for issuing directions to block), and Rule 16 (Emergency blocking provisions).

• Rule 14(2): A substitution that expands the scope of the IDC from hearing "complaints or grievances" to hearing "matters", including those referred by the MIB.

• Rule 14(5) : Replaces "complaints or grievances" with "the matter" in relation to IDC examination and recommendations.

Terming the proposed amendments a "dangerous expansion of executive power over online speech", the IFF has demanded that they be withdrawn immediately.

How does the proposed amendments affect social media creators

The new draft rules mark a shift from regulating large media houses to directly overseeing individual creators and influencers.

Once the rules are notified, individual users who post news or current affairs content on platforms like YouTube, Instagram, or X, but are not registered news publishers, would come under the purview of the MIB. This will allow the Ministry to issue direct blocking orders for their content.

The draft removes the distinction between voluntary advisories and mandatory compliance.

Intermediaries must adhere to any clarification, advisory, order, direction, standard operating procedure, or guideline issued by the MeitY. This will effectively turn informal government suggestions into legal requirements.

As per the first amendment rules, published in February 2026, creators using AI tools for voice cloning or face-swapping must mandatorily provide disclosures. Failure to label AI-generated content can lead to content removal or account penalties.

Platforms are mandated to remove unlawful content within three hours of a government or court order, down from the previous 36-hour limit. For sensitive content like deepfake nudity, this window is two hours.

Platforms may lose their safe harbour protection — immunity from user content liability — if they fail to proactively enforce the rules.

The amended rules will apply to all intermediaries operating in India, including global social media platforms and video streaming services.