Draft Amendments to IT Rules 2021 on Intermediary Compliance and Oversight · G.S.R. ____(E)

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

GOVERNMENT OF INDIA
MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY

NOTIFICATION

New Delhi, the _____^th March, 2026

G.S.R. ____(E).—In exercise of the powers conferred by sub-section (1), clauses (z) and (zg) of sub-section (2) of section 87 of the Information Technology Act, 2000 (21 of 2000), the Central Government hereby makes the following rules to further amend the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, namely:—

1. Short Title and Commencement.—(1) These rules may be called the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Second Amendment Rules, 2026.

• (2) They shall come into force on the _____^th day of _____, 2026.

2. In the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (hereafter referred to as the said rules), in rule 3, in sub-rule (1),—

• (a) in clause (g), before the words, brackets and letter “where upon receiving actual knowledge under clause (d)”, the words and punctuation “without prejudice to any requirement relating to the preservation or retention of information applicable to intermediaries under the Act or any other law for the time being in force,” shall be inserted.
• (b) in clause (h), before the words “where an intermediary collects information from a user for registration on the computer resource”, the words and punctuation “without prejudice to any requirement relating to the preservation or retention of information applicable to intermediaries under the Act or any other law for the time being in force,” shall be inserted.

3. In the said rules, in rule 3, after sub-rule (3), the following sub-rules shall be inserted, namely:—

“(4) Compliance with Clarifications, Advisories and Directions issued by the Ministry:
(a) An intermediary shall comply with and give effect to any clarification, advisory, order, direction, standard operating procedure, code of practice or guideline issued by the Ministry, by order in writing, in relation to the implementation, interpretation or operationalisation of the requirements prescribed under this Part;
(b) every such clarification, advisory, order, direction, standard operating procedure, code of practice or guideline referred to in clause (a) shall—

• (i) be issued in writing;
• (ii) clearly specify the statutory provision or legal basis under which it is issued;
• (iii) specify the scope, applicability and compliance requirements in respect of the intermediary or class of intermediaries to whom it applies; and
• (iv) be consistent with the provisions of the Act and these rules;
  (c) compliance with any clarification, advisory, order, direction, standard operating procedure, code of practice or guideline issued under clause (a) shall form part of the due diligence obligations of the intermediary under section 79 of the Act.”.

4. In the said rules, in rule 8, in sub-rule (1), for the proviso, the following proviso shall be substituted, namely:—

“Provided that for the purposes of rules 14, 15 and 16, the rules made under this Part shall apply to—

• (a) intermediaries; and
• (b) news and current affairs content hosted, displayed, uploaded, modified, published, transmitted, stored, updated or shared on the computer resources of the intermediaries by users who are not publishers.”.

5. In the said rules, in rule 14,—

• (a) for sub-rule (2), the following sub-rule shall be substituted, namely:—

“(2) The Committee shall meet periodically and hear the matters—

• (a) arising out of the grievances relating to violation of the Code of Ethics by the publishers, in respect of the decisions taken at the Level I or II, including the cases where no such decision is taken within the time specified in the grievance redressal mechanism; or
• (b) referred to it by the Ministry.”.

• (b) in sub-rule (5), for the words and punctuations “complaints or grievances, and may either accept or allow such complaint or grievance, and make the following recommendations to the Ministry,”, the words and punctuation “the matter and make the following recommendations to the Ministry,” shall be substituted.

[F. No. 2(5)/2025-CyberLaws]

AJIT KUMAR, Joint Secretary

Note: The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide notification number G.S.R. 139(E), dated the 25^th February, 2021 and subsequently amended vide notification number G.S.R. 794(E), dated the 28^th October, 2022; G.S.R. 275(E), dated the 6^th April, 2023; G.S.R. 775(E), dated the 22^nd October, 2025; and G.S.R. 120(E), dated the 10^th February, 2026.