The article argues that Ministry of Electronics and Information Technology’s proposed IT Rules amendments could significantly weaken “safe harbour” protections for digital platforms by making government advisories legally binding. This shifts platforms from neutral intermediaries to active regulators of content, increasing compliance burdens and legal risks. While aimed at tackling harms like misinformation and deepfakes, critics warn it expands executive power, creates regulatory uncertainty, and may lead to over-censorship, ultimately affecting innovation and ease of doing business in India’s digital economy.
The article was authored by Rachana Rautray, Partner, was published in Moneycontrol.
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Rachana Rautray is a Partner in JSA’s Technology, Media and Telecommunications practice, advising technology‑led and data‑driven businesses on data protection, digital regulation, gaming, fintech, and emerging technologies.