Suggestions on the Draft Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Second Amendment Rules, 2026
Document Type
Response or Comment
Publication Title
SSRN
Abstract
The JSW Centre for the Future of Law (CFL) at the National Law School of India University, Bengaluru, presents these comments and suggestions submitted to the Ministry of Electronics and Information Technology (MeitY) on 7th May 2026, in response to the public consultation on the Draft Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Second Amendment Rules, 2026. The submission addresses both the draft dated 30th March 2026 and the revised draft dated 21st April 2026, and is grounded in constitutional law, administrative law and statutory coherence.
The proposed Rule 3(4) treats executive instruments, including advisories, clarifications, SOPs, and guidelines, as mandatory compliance criteria under due diligence in order to attract the safe harbour provided under Section 79 of the IT Act. The insertions in Rules 3(1)(g) and 3(1)(h) create an open-ended data retention carve-out that is in conflict with the purpose limitation and data erasure principles under the Digital Personal Data Protection Act, 2023. The extended purview of the Ministry of Information and Broadcasting under the amended proviso to Rule 8(1) and that of the Inter-Departmental Committee under Rules 14(2) and 14(5) aims to bring "news and current affairs content" by general users into the content regulation regime, the constitutional validity of which is pending before the Hon'ble Delhi High Court. The new continuous AI labelling rule incorporated into Rule 3(3)(a)(ii) by the 21 April 2026 draft poses an unmanageable technical obligation, and the introduction of amendments as late as 21 April 2026, halfway through the public consultation process, raises concerns of consultation fatigue.
CFL recommends targeted redrafting of Rules 3(1)(g), 3(1)(h), and 3(3)(a)(ii), and the complete withdrawal of Rules 3(4), 8(1) proviso, 14(2), and 14(5), as these provisions exceed the rule-making powers under Section 87 of the IT Act and are inconsistent with the constitutional framework.
Publication Date
6-12-2026
Recommended Citation
Pallipurath, Rahul; Singhal, Rashi; Kachroo, Rishabh; Hemrajani, Rahul; and Ahlawat, Isha, "Suggestions on the Draft Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Second Amendment Rules, 2026" (2026). Legal and Policy Submissions. 7.
https://repository.nls.ac.in/faculty_legal-and-policy-submissions/7