Raichur MP raises concern over proposed Information Technology Act amendments

Raichur Lok Sabha member G. Kumar Naik has urged Union Minister for Electronics and Information Technology Ashwini Vaishnaw to reconsider certain provisions in the draft Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Second Amendment Rules 2026, saying that some of the proposed amendments can have implications for democratic participation, free expression and Constitutional safeguards.

In a letter on May 25, Mr. Naik, who is also a member of the Parliamentary Standing Committee on Communication and Information Technology, said that some of the proposed amendments “raise important Constitutional and governance concerns that may merit wider deliberation and reconsideration before finalisation”.

Expressing concern over the proposed expansion of the scope of Part III of the rules, Mr. Naik said that the move appears to extend “a publisher-oriented framework to user-generated news and current affairs content on the Internet”.

He warned that the broad definition of such content can bring “ordinary civic engagement, such as commentary on public events, policy issues, court judgments, local concerns, or socio-political developments” within a framework not originally designed for public participation.

The MP also raised objections to the proposed amendment to Rule 14(2) which will enable direct Ministry referrals to the Inter-Departmental Committee without requiring a complaint from an aggrieved party.

He said that the provision “appears to widen regulatory discretion over public discourse” and may create uncertainty regarding “when, why and how lawful online expression may be escalated for official review”.

Mr. Naik further expressed concern over the proposed insertion of Rule 3(4) linking intermediary safe harbour protections under Section 79 of the Information Technology Act 2000 to compliance with government advisories, clarifications and standard operating procedures.

According to him, since many such executive instruments do not undergo parliamentary scrutiny or legislative oversight making intermediary liability contingent upon them, can raise questions relating to “excessive delegation and legal certainty”.

“As lawmakers, we must also consider what this means for India’s digital economy. Regulation must protect users and ensure accountability, but it must also give businesses, start-ups and AI innovators the certainty they need to comply in good faith,” Mr. Naik stated in the letter.

Stressing the importance of democratic values in digital governance, he said, “India’s digital public sphere today plays a central role in democratic participation, political engagement, journalism, innovation and public discourse.”

He added that regulatory approaches must balance platform accountability and online safety with “Constitutional guarantees of free expression, procedural fairness, legality, necessity, proportionality and independent oversight”.

Mr. Naik urged the Ministry to incorporate adequate safeguards while finalising the amendments so that India’s evolving digital governance framework remains “both effective and constitutionally balanced”.