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India yesterday proposed changes to its IT law to make advisories and clarifications legally binding on internet platforms such as Meta , Google and X, the latest in a string of stricter compliance requirements for tech giants. Prime Minister Narendra Modi’s government this year compressed the timeline for platforms to take down content flagged by authorities to three hours, from 36 hours previously, and has imposed new obligations around AI-generated content and deepfakes.
According to a Reuters report from Bengaluru yesterday, currently, the IT Ministry’s advisories to platforms — on issues ranging from deepfake labelling to content takedown practices — have functioned as guidance without explicit legal consequences.
In new proposed rules on Monday (March 30), the government said non-compliance with advisories or guidelines issued by the IT Ministry would be treated as a failure to meet the conditions for safe harbour — the legal shield that protects platforms from liability for content posted by their users.
The changes were being proposed to “strengthen enforceability” of directions and “improve legal certainty”, the Ministry said in a notice inviting public feedback by April 14.
Meta, Google and X did not immediately respond to requests for comment.
Meanwhile, the government notice inviting feedback from stakeholders highlighted the following:
(i) Amendments in Part II:
- Clarification in Rule 3(1)(g) and 3(1)(h) that retention obligations are without prejudice to requirements under other laws.
- Insertion of Rule 3(4) mandating compliance by intermediaries with Ministry-issued clarifications, advisories, directions, SOPs, codes of practice and guidelines, forming part of due diligence under section 79.
(ii) Amendments in Part III:
- Clarification of applicability of Part III (Rule 8) to intermediaries and news and current affairs content hosted by non-publisher users.
- Strengthening of Rule 14 to expand the scope and functioning of the Inter-Departmental Committee to consider matters beyond complaints, including those referred by the Ministry.
