Centre Proposes Power to Scrutinise Online News Content Even Without Complaint

The Central Government has proposed amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, significantly expanding its oversight over online news content by allowing scrutiny even in the absence of a formal complaint. The draft changes empower the Inter-Departmental Committee to examine content suo motu or upon direct reference from the Ministry, rather than relying solely on grievances raised through the existing three-tier mechanism. Additionally, the scope of the Code of Ethics under Part III is proposed to be extended beyond traditional publishers to include intermediaries and even user-generated news content, bringing platforms and individual users within the regulatory framework. The amendments also mandate that intermediaries comply with government advisories, directions, and guidelines as part of their due diligence obligations under Section 79 of the Information Technology Act, linking non-compliance to potential loss of safe harbour protection. While the government describes these changes as clarificatory and aimed at improving legal certainty and enforceability, they mark a substantial shift toward tighter regulation and increased state oversight of digital media and online expression in India.