Raichur MP raises concern over proposed amendments to IT Act
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 Guides and Digital Media Code of Ethics) Second Amendment Rules 2026, saying some of the proposed changes may have implications on democratic participation, freedom of expression and Constitutional safeguards.
In a letter dated May 25, Mr. Naik, who is also a member of the Parliamentary Standing Committee on Communications and Information Technology, said some of the proposed amendments “raise significant Constitutional and governance concerns that may require wider consultation and reconsideration before being finalised.”
Rules III. Expressing concern over the proposed expansion of the scope of the section, Mr Naik said the move “seems to extend a publisher-focused framework to user-generated news and current affairs content on the internet”.
He warned that a broad definition of such content could introduce “ordinary civic engagement, such as commentary on public events, policy issues, court decisions, local concerns, or socio-political developments” within a framework not originally designed for public engagement.
The MP also objected to the proposed amendment to Rule 14(2), which would have provided for direct referral of the Ministry to the Inter-Ministerial Committee without the need for a complaint by the aggrieved party.
He said the provision “appears to expand regulatory discretion over public discourse” and could create uncertainty “about when, why and how lawful online expression may come under official scrutiny.”
Mr. Naik also expressed concern over the proposed insertion of Rule 3(4), which links interim safe harbor protections under Section 79 of the Information Technology Act, 2000, to compliance with government recommendations, disclosures and standard operating procedures.
In his view, since most such executive instruments do not undergo parliamentary scrutiny or legislative control, the reliance on them for intermediate responsibility could raise questions of “excessive delegation and legal certainty.”
“As legislators, we must also consider what this means for India’s digital economy. Regulation should protect users and ensure accountability, but also give businesses, startups and AI innovators the certainty they need to comply in good faith,” Mr. Naik said in his letter.
Highlighting the importance of democratic values in digital governance, he said: “India’s digital public sphere today plays a central role in democratic engagement, political participation, journalism, innovation and public discourse.”
He added that regulatory approaches must balance platform liability and online safety with “Constitutional guarantees of freedom of expression, procedural fairness, legality, necessity, proportionality and independent review.”
Mr Naik urged the Ministry to take adequate measures in finalizing the changes so that India’s evolving digital governance framework remains “both effective and constitutionally balanced”.
It was published – 26 May 2026 22:09 IST
