NEWS

• The Ministry of Electronics and IT (MeitY) is amending rules under the Information Technology (IT) Act, 2000.
• Only senior officials at Centre and state levels will now be authorised to send content blocking notices under Section 79(3)(b) of the IT Act.

HIGHLIGHTS

Key Amendments

• Issuing Authorities:
  • Joint Secretary (JS) or equivalent at the Centre; Director or equivalent if JS not appointed.
  • Deputy Inspector General of Police (DIG), specially authorised, at state police level.
• Monthly Review:
  • All notices will undergo review by an officer not below Secretary rank: IT Secretary at Centre, Home/IT Secretaries at state level.
• Reason for Amendment:
  • Prevents lower-rank officers (e.g., SI/ASI) from issuing content notices, addressing misuse and overreach.
  • Separate from ongoing legal challenge by X (Elon Musk); the amendments are not directly linked to X’s case.

Legal Background

• Section 79 of IT Act:
  • Provides safe harbour protection to intermediaries, shielding them from liability for user-generated content.
  • Section 79(3)(b) mandates removal of content flagged as “unlawful” by the appropriate government agency.
• Section 69A of IT Act:
  • Allows blocking content affecting sovereignty, security, or integrity of India.
• Judicial Precedent:
  • Shreya Singhal v Union of India (2015): Struck down Section 66A, strengthening free speech protections online.

Additional Measures

• Draft rules require AI-generated content to be labelled prominently on platforms like YouTube, Instagram, etc.
  • Visual content: label ≥10% of surface area
  • Audio content: label initial 10% of duration

Significance for Economy & Governance

• Ensures responsible content regulation while balancing freedom of expression.
• Clarifies government and intermediary roles, protecting platforms from arbitrary legal risks.
• Enhances trust in digital economy and social media governance.