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The government’s draft amendments to the IT Rules, 2021 propose stricter compliance obligations for intermediaries, which will impact influencers through tighter rules.
A paper cubes collection with printed logos of world-famous social networks and online messengers (Photo: AP)
The Central government has invited public feedback on draft amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which propose stronger compliance requirements for intermediaries and expand oversight of digital content, including material posted by influencers and individual users.
The Ministry of Electronics and Information Technology (MeitY), in its notice dated March 30, 2026, said the amendments are aimed at ensuring an “Open, Safe, Trusted and Accountable Internet” and improving the enforceability of directions issued by the government.
While the rules primarily apply to intermediaries such as social media platforms, the provisions significantly affect influencers, content creators, and users who publish news, commentary, AI-generated material, or other public-facing digital content online.
STRICTER RULES FOR CONTENT SHARED ONLINE
Under the proposed amendments, intermediaries will be required to ensure that users, including influencers, do not upload or share content that violates existing legal provisions.
The draft clarifies that platforms must inform users through their rules, privacy policies and user agreements about restrictions on publishing unlawful, misleading or harmful content.
Users may face action if they publish content that is false, deceptive, violates intellectual property rights, harms children, threatens public order or violates any law currently in force.
Platforms will also be required to periodically remind users about these rules and the consequences of non-compliance, including suspension or termination of accounts.
The draft rules also emphasise that users could face legal liability if content violates provisions of applicable laws such as the Bharatiya Nyaya Sanhita, 2023, or the Protection of Children from Sexual Offences Act, 2012.
NEW FRAMEWORK FOR AI-GENERATED AND EDITED CONTENT
One of the key features of the amendments is the introduction of detailed provisions governing “synthetically generated information,” defined as audio, visual or audio-visual content created or modified using computer resources in a manner that makes it appear real.
Influencers using artificial intelligence tools to create images, videos or voice-based content may be required to ensure that such material is clearly labelled as synthetically generated.
Intermediaries will need to deploy technical tools to prevent the creation or circulation of AI-generated content that violates legal provisions, including material that falsely depicts real individuals or events.
The rules specify that synthetic content must include visible disclosure or metadata indicating that the material has been artificially generated or altered.
Platforms are also required to ensure that such labelling cannot be removed or modified once applied.
FASTER TAKEDOWN OF PROHIBITED CONTENT
The draft amendments introduce shorter timelines for removing unlawful content.
Intermediaries must act quickly once they receive actual knowledge of violations through court orders or government notifications.
Certain categories of content, including material involving nudity, impersonation or sexually explicit depiction of individuals, may be required to be removed or disabled within two hours of receiving a complaint.
In cases involving unlawful content affecting sovereignty, public order or other legal concerns, intermediaries may be required to remove access within three hours of receiving notice from authorised government agencies.
The rules also require intermediaries to preserve removed content and associated user data for at least 180 days for investigative purposes.
EXPANDED OVERSIGHT OF NEWS AND CURRENT AFFAIRS CONTENT
The proposed amendments clarify that rules relating to digital media ethics may also apply to news and current affairs content shared by users who are not formally recognised publishers.
Influencers who regularly post commentary, analysis or updates on public affairs may therefore fall within the broader regulatory scope if their content is considered news-related in substance.
The rules provide that intermediaries may be required to ensure compliance with the Code of Ethics applicable to digital media and facilitate grievance redressal mechanisms related to such content.
GREATER ROLE OF GOVERNMENT DIRECTIONS
A new provision requires intermediaries to comply with clarifications, advisories, directions, standard operating procedures and guidelines issued by the Ministry in relation to implementation of the rules.
Such compliance will form part of due diligence obligations under Section 79 of the Information Technology Act, 2000, which governs safe harbour protection for intermediaries.
This means platforms may need to take action against user content, including influencer posts, if directed through written instructions issued under the rules.
GRIEVANCE REDRESSAL AND ACCOUNTABILITY
The draft rules strengthen grievance redressal requirements by requiring intermediaries to acknowledge complaints within 24 hours and resolve them within seven days in most cases.
Users will also have the option to appeal decisions through Grievance Appellate Committees established by the government.
Influencers whose content is removed or restricted may use these mechanisms to challenge platform decisions.
PUBLIC CONSULTATION OPEN TILL APRIL 14
The Ministry has invited stakeholders to submit feedback on the draft amendments in a rule-wise format by April 14, 2026.
Submissions can be sent via email in Word or PDF format and will be held in a fiduciary capacity to encourage participation.
The proposed amendments seek to enhance clarity in intermediary obligations, strengthen regulatory oversight and introduce safeguards relating to emerging technologies such as artificial intelligence, which increasingly influence online content creation, including influencer-driven communication.
March 31, 2026, 07:41 IST
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