Centre Proposes Expanded Powers for MIB to Issue Direct Social Media Takedown Orders

The Government of India has proposed amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, that would allow the Ministry of Information and Broadcasting (MIB) to issue takedown notices directly to individual social media users. The draft changes aim to widen regulatory oversight by bringing independent news and current affairs content creators on platforms like YouTube, Instagram, Facebook, and X under the ambit of the IT Rules. Currently, such powers are limited to online news publishers.

Under the proposed framework, the MIB would be empowered to block or require modification of content deemed in violation of norms applicable to news publishers. It also mandates that advisories issued by the Centre must be complied with by intermediaries to retain safe harbour protections under Section 79 of the IT Act, 2000. Additionally, the amendments seek to expand the role of the Inter-Departmental Committee (IDC) under Rule 14, enabling it to review not only complaints but also matters referred by the ministry. The government stated that these changes are intended to strengthen enforceability, improve legal clarity, and enhance oversight of digital media content.

However, the proposal has drawn criticism from the Internet Freedom Foundation, which warned of a “dangerous expansion of executive power” over online speech. The group argued that the changes could lead to over-compliance and censorship by intermediaries fearing loss of safe harbour. The amendments follow recent reductions in takedown response times and increased content removals, including posts involving satire and political commentary related to Prime Minister Narendra Modi. Responding to concerns, Union Minister Ashwini Vaishnaw stated that the government’s focus remains on tackling AI-generated deepfakes and misinformation.

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