The Internet and Mobile Association of India (IAMAI) and the Broadband India Forum (BIF), along with other social media intermediaries have opposed the Centre’s proposed amendments to the Information Technology Rules, 2021. The industry bodies said the changes would expand government control over online content and create regulatory uncertainty for digital platforms, AI companies and creators.

Both IAMAI and BIF submitted their objections to Ministry of Electronics and Information Technology (MeitY) on May 7, the revised deadline for public comments.

On April 21, MeitY had granted a second extension for stakeholder feedback. In the same notification, the ministry also proposed an additional amendment requiring AI-generated content to carry labels that remain continuously visible throughout its duration.

Both industry bodies opposed the draft Rule 3(4), which proposes to make compliance with government-issued advisories, directions, standard operating procedures, and codes of practice part of the due diligence obligations for intermediaries under Section 79 of the IT Act. Section 79 provides “safe harbour” protection, shielding intermediaries from liability for third-party content hosted on their platforms.

IAMAI argued that the proposal would effectively turn advisories and similar executive instructions into legally binding obligations without parliamentary approval, potentially expanding intermediary liability beyond the scope permitted under the IT Act.

BIF similarly argued that the proposal would turn “soft law” instruments into enforceable obligations linked to safe harbour protections without the procedural safeguards associated with formal rule-making. It also warned that constantly changing advisories could create shifting compliance expectations and uncertainty for businesses.

Both organisations cited the 2015 Shreya Singhal v. Union of India ruling by the Supreme Court of India, which held that intermediary takedown obligations should arise only through court orders or lawful government notifications.

IAMAI recommended that Rule 3(4) be withdrawn entirely, while BIF suggested that only rules formally notified under Section 87 of the IT Act should create binding obligations. The two organisations also opposed amendments expanding the scope of Part III of the IT Rules, which governs digital news publishers and OTT platforms.

The proposed Rule 8(1) would extend certain provisions of the rules to intermediaries and users sharing news and current affairs content, bringing user-generated content on social media platforms under the Ministry of Information and Broadcasting’s (MIB) blocking and adjudication framework, including the jurisdiction of the Inter-Departmental Committee (IDC).