Raichur MP expresses concern over proposed changes to IT Act
Raichur Lok Sabha member G. Kumar Naik urged Union Minister for Electronics and Information Technology Ashwini Vaishnaw to reconsider some provisions in the draft Information Technology (Guidelines for Intermediaries and Code of Ethics for Digital Media) Second Amendment Rules 2026, saying some of the proposed changes could have implications for democratic participation, freedom of expression and constitutional guarantees.
In a letter dated May 25, Mr Naik, who is also a member of Parliament’s Standing Committee on Communications and Information Technology, said some of the proposed changes “raise important constitutional and administrative concerns which may merit wider consideration and reconsideration before finalisation”.
Mr Naik expressed concern over the proposed expansion of the scope of Part III of the rules, saying the move appeared to extend a “publisher-centric framework to user-generated news and current affairs on the Internet”.
He warned that a broad definition of such content could bring “ordinary civic engagement such as commentary on public events, political issues, court rulings, local concerns or socio-political developments” into a framework not originally designed for public participation.
The MP also raised objections to the proposed amendment to Article 14, paragraph 2, which will allow direct referral by the ministry to the interdepartmental committee without requiring a complaint from the aggrieved party.
He said the provision “seems to expand regulatory authority over public discourse” and may create uncertainty about “when, why and how lawful online expression may be escalated to official scrutiny”.
Mr. Naik further expressed concern over the proposed insertion of Rule 3(4), which links the intermediary protection of the safe harbor under Section 79 of the Information Technology Act, 2000 with compliance with government recommendations, clarifications and standard operating procedures.
As many such executive instruments are not subject to parliamentary scrutiny or legislative oversight, which makes them subject to intermediary liability, it can raise questions of “over-delegation and legal certainty”, he said.
“As lawmakers, we must also consider what this means for India’s digital economy. Regulation must protect users and ensure accountability, but also give businesses, start-ups and AI innovators the certainty they need to comply in good faith,” Mr Naik said in the letter.
Emphasizing 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 security with “constitutional guarantees of freedom of expression, procedural fairness, legality, necessity, proportionality and independent oversight.”
Mr Naik urged the ministry to incorporate adequate safeguards while finalizing the adjustments so that India’s evolving digital governance framework remains “efficient and constitutionally balanced”.
Published – 26 May 2026 22:09 IST