GNI warns India’s draft IT Rules could expand executive control over online speech
The Global Network Initiative has urged India to withdraw or revise proposed IT Rules amendments, citing risks to privacy, free expression, and due process.
The Global Network Initiative has raised concerns over India’s draft amendments to the 2026 IT Rules, published by the Ministry of Electronics and Information Technology.
GNI argues that the proposals go beyond procedural clarification and would materially expand state authority over platforms, user data, and online content.
One concern is mandatory data retention. The draft would require intermediaries to retain user data for at least 180 days, which GNI says could conflict with India’s data protection principles on purpose limitation and erasure.
The statement also criticises provisions that could make platform safe harbour dependent on compliance with executive advisories, directions, or guidelines. GNI warns this could blur the line between lawful orders and administrative preferences.
Another concern is the extension of content regulation rules to users who share news or current affairs content, even if they are not publishers. GNI says this could increase pressure on lawful online speech.
GNI called on India to withdraw or substantially revise the amendments and ensure clearer safeguards for privacy, transparency, and due process.
