The Ministry of Electronics and Information Technology (MeitY) is considering a separate notification for the proposed Rule 3(4) under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. This rule would require intermediaries to comply with MeitY’s clarifications, advisories, directions, standard operating procedures, codes of practice, and guidelines, with non-compliance potentially leading to legal action, according to medianama.com.
The provision was initially proposed in amendments to the IT Rules released for public consultation on March 30. A government official told the Hindustan Times that a separate notification could ensure that compliance begins promptly. Meanwhile, MeitY is awaiting discussions with the Ministry of Information and Broadcasting (MIB) on two other proposed amendments: expanding the Inter-Departmental Committee’s powers under Rule 14(2) and bringing user-generated news and current affairs content, including X’s community notes, under MIB oversight through Rule 8(1). Several meetings between the two ministries scheduled since May have been cancelled, according to the Hindustan Times.
If notified, Rule 3(4) would incorporate MeitY’s advisories, directions, SOPs, codes of practice, and guidelines into intermediaries’ due diligence obligations under Section 79 of the IT Act. This means platforms could lose safe-harbour protection if they fail to comply with these requirements. The amendment aims to strengthen regulatory oversight of intermediaries and ensure adherence to government-issued standards, a move that could impact major digital platforms operating in India.
The next step depends on the pending discussions between MeitY and MIB, with the separate notification for Rule 3(4) expected to be issued soon to expedite compliance enforcement, medianama.com reported.