Human Rights Watch has urged the Indian government to withdraw proposed 2026 amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, warning that they would significantly expand executive control over online content and weaken privacy and free expression. The draft rules are currently open for public consultation and are seen as part of a broader pattern of tightening digital regulation in India.
The proposed changes would treat ordinary social media users who comment on news and current affairs in the same category as registered news publishers, requiring them to follow stricter compliance and self-regulation frameworks. Rights groups warn that this could lead to increased self-censorship and restrict the ability of individuals to freely express opinions on public issues.
The rules are being introduced amid a wider escalation in government censorship, including increased blocking of online content critical of authorities. Social media platforms have reportedly been instructed to remove or restrict posts without transparent procedures, often affecting political commentary, satire, and criticism of public officials. Existing legal provisions already allow the government broad powers to issue blocking orders, frequently without public disclosure or effective avenues for appeal.
India’s legal framework includes safeguards established by a 2015 Supreme Court judgment, which requires written justification for content blocking, senior-level authorization, user notification where possible, and independent review mechanisms. However, rights groups argue that successive amendments to IT rules since 2021 have gradually weakened these protections and expanded executive control over online speech.
Key changes over recent years include the expansion of censorship rules to digital news platforms, the introduction of traceability requirements that raise privacy concerns, and the creation of government-led fact-checking mechanisms. More recent developments include the establishment of centralized takedown systems and significantly reduced timelines for content removal, increasing pressure on digital platforms to comply quickly with government requests.
The latest proposed rules would further strengthen executive authority by allowing government-issued advisories and guidelines to trigger content removal while maintaining platform immunity only if they comply. They would also bring ordinary users under formal publishing regulations and establish an inter-departmental committee empowered to review and order content takedowns or corrections.
Human rights advocates warn that these measures risk undermining judicial safeguards, weakening online privacy, and encouraging over-censorship by digital platforms seeking to avoid penalties. They argue that the cumulative effect of these regulatory changes could significantly restrict independent expression online and reduce accountability in public discourse, particularly on political matters.
Overall, critics say the proposed framework reflects a continued expansion of state control over digital spaces in India, raising concerns about the future of free expression, independent media, and citizens’ ability to engage freely in online discussions on governance and public affairs.
