Amnesty International calls for withdrawal of India’s proposed IT Rules amendments

A new submission by Amnesty International raises concerns over draft amendments to India’s IT Rules. The organisation argues the changes expand executive control over online content, weaken safeguards, and risk undermining freedom of expression and privacy.

Amnesty International calls for withdrawal of India’s proposed IT Rules amendments

Amnesty International has called for the immediate withdrawal of proposed amendments to India’s Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, warning that the changes could significantly expand state control over online content and weaken existing safeguards.

In a public statement released on 16 April 2026, the organisation outlines a series of concerns related to the draft amendments, arguing that they build on an already restrictive regulatory framework. According to Amnesty, successive changes since 2021 have increased compliance burdens on intermediaries and reduced procedural protections for users and platforms.

A central issue raised in the document is the proposed extension of content regulation to ordinary users. The amendments would broaden the scope of existing rules, which currently apply primarily to intermediaries and publishers, to include user-generated content. Amnesty argues that the definitions used in the rules, such as ‘news and current affairs,’ are overly broad and could allow authorities to interpret a wide range of online expression as subject to regulation.

The organisation also highlights concerns about increased executive powers. The draft amendments would allow government-appointed bodies to initiate content review and enforcement actions without requiring a formal complaint. Amnesty states that this could enable content removal, blocking orders, and other sanctions without independent or judicial oversight.

Another point of concern is the role of administrative directives. The amendments propose making compliance with government-issued advisories and guidelines part of intermediaries’ legal obligations. Amnesty argues that such instruments do not carry the same legal status as formal legislation and may lack transparency, creating risks of arbitrary enforcement.

The submission also raises privacy issues, particularly regarding data retention. The proposed rules would require intermediaries to retain user data for extended periods, including beyond existing limits where other laws apply. Amnesty warns that this could increase the risk of surveillance and data misuse, especially in the absence of clear safeguards or oversight mechanisms.

Throughout the document, Amnesty links its concerns to international human rights standards, including protections for freedom of expression and privacy. It argues that the proposed framework does not meet the requirements of legality, necessity, and proportionality, which are central to international human rights law.

The organisation concludes that the amendments, taken together, could enable broader censorship and discourage public participation in online discourse. It calls on India’s Ministry of Electronics and Information Technology to withdraw the draft and align future reforms with constitutional protections and international obligations.

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