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Mainstream, Vol 64 No 11, April 22, 2026

EGi Editors Guild of India statement on 2026 draft IT rules

Wednesday 22 April 2026

EGi Editors Guild of India

Statement on the Draft Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Second Amendment Rules, 2026

April 4, 2026 ) New Delhi: The Editors Guild of India (EGi) deeply opposes both the contents and the underlying intent behind the Draft Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Second Amendment Rules, 2026 ("Draft Amendments"), which were made public by the Ministry of Electronics and Information Technology (MeitY) on March 30, 2026, with just a fortnight given for comments.

Prima amended rules and guidelines, whose stated purpose is to "strengthen compliance" and "increase the facie, the effectiveness of regulatory oversight of content regulation mechanisms under Part III (Code of Ethics relating to Digital Media) of the IT Rules, 2021" appear to arm MeitY with sweeping powers of content regulation, sharply increase the compliance burden digital intermediaries, and give the executive overarching powers to block or take down content generated by "non news on publishers" and intermediaries. In other words. they severely constrict dissent and enlarge space for authoritarianism. This will infringe the fundamental right to free speech guaranteed to all citizens under the Constitution and will have a chilling directly effect on freedom of expression and the airing of contrarian views, which are fundamental to an open and functional democracy. The recent take-down of popular YouTube channels, including one that was critical of the country’s foreign policy, is a precursor of things to come in an environment blighted by conflict.

There is no escape for intermediaries as they face growing demands of the government to facilitate the take-down of content considered offensive by the state. Sub-rule (4) to Rule 3, which deals with due diligence obligations of intermediaries, now makes it mandatory on the part of intermediaries to comply with "any clarification, advisory, order, direction, standard operating procedure, code of practice or guideline issued by the ministry, by order in writing". Failure to comply has been linked to loss of the safe harbour protection extended to intermediaries and platforms for user-generated content, under section 79 of the Information Technology Act. The absence of due process for the issuance of compliance orders and the complete lack of transparency in the process are deeply concerning.

Changes to Rule 14(2) and Rule 14(5) in the draft amendment also greatly widen the powers of the Inter-Departmental Committee (IDC). IDC, a central oversight body constituted under Rule 14 of the Information Technology (Intermediary Guidelines and Now, Digital Media Ethics Code) Rules, 2021, was specifically created to hear grievances and complaints against digital content. the IDC has been empowered to deal with any "matter" in the absence of any definition of what constitutes a "’matter" Other provisions devolve rulemaking powers entirely to the executive branch, removing the window for legislative oversight provided under the IT Act.

The EGi calls on the government to urgently review or recall the draft rules, and engage in more constructive consultations with all sections of stakeholders and take on board valid concerns and objections. It also calls on civil society to maintain vigilance SO that the citizen and media rights are preserved.

Sincerely,

Teresa Rehman Treasurer

Raghavan Srinivasan General Secretary

Sanjay Kapoor President

Address: 4/7- A, INS Building, Rafi Marg, New Delhi-110001