India is moving ahead with a major shift in its internet regulation policy by proposing that government advisories issued to tech companies will no longer be advisory in nature, but legally binding under the IT Rules 2021 framework. This means platforms like Meta, Google, X and others would be required to comply with directions on content moderation, takedowns, and safety rules as a legal obligation rather than a guideline. The draft proposal also links non-compliance with the loss of ‘safe harbour’ protection, which currently shields platforms from liability over user-generated content.
Under India’s current digital governance system, the Ministry of Electronics and Information Technology (MeitY) and other authorised agencies issue advisories to intermediaries like social media platforms, messaging apps, and video-sharing services. These advisories usually focus on emerging online risks like misinformation, coordinated disinformation, AI-generated deepfakes, impersonation accounts, viral harmful content, and threats related to elections or public order. But at present, these advisories are not legally binding on their own. They act as administrative guidance, meaning compliance is expected but not directly punishable unless backed by specific legal orders under existing provisions.
Now, the proposed change effectively transforms this soft-regulation model into a mandatory compliance system. Once implemented, any advisory issued under the IT Rules framework would carry the force of law, requiring platforms to act within defined timelines.
A key implication of this proposal is its impact on ‘Safe Harbour’ protection, a core principle of India’s intermediary liability framework under Section 79 of the Information Technology Act, 2000. This provision currently protects digital platforms from being held legally responsible for user-generated content, as long as they follow due diligence requirements and comply with lawful takedown orders. In simple words, it allows platforms to function as intermediaries rather than publishers of all content uploaded by users.
However, under the proposed changes, non-compliance with legally binding government advisories could be treated as a failure to meet due diligence obligations. In such cases, platforms may lose safe harbour protection, potentially exposing them to direct legal liability for user-generated content. Notably, the government has invited feedback and comments from stakeholders on the draft amendments to the IT Rules, with the consultation period open until April 14, 2026.
“The proposed amendments seeks to strengthen compliance with clarifications, advisories and directions issued by it (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,” MeitY noted.
The development comes at a time when India is tightening its digital governance framework. For example, under recently amended IT rules, India enforces a ‘3-hour deadline’ for social media takedowns after receiving government or court orders, with urgent cases requiring action within about two hours. The earlier framework allowed up to 36 hours for compliance.
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