From Safe Harbour to structured oversight: Draft amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021

In brief

The Draft Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Second Amendment Rules, 2026 (Draft Rules)¹ emerge in a context where India’s digital regulatory framework is undergoing a rapid expansion, especially between 2021 to 2026. These Draft Rules seek to strengthen content governance and oversight across digital platforms, in light of increasing concerns over misinformation, online harm and dissatisfaction over entities’ compliance under the existing regime. This is not just a technical update; it signals a policy shift toward greater executive control over governance of online content.  

Broadly, the Draft Rules address five core areas: data retention, content labelling, increased regulatory compliance, expansion in the applicability of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (Rules), and grievance mechanisms.