SFLC.in urges withdrawal of Draft IT Rules Amendments, cites threat to free Speech and Privacy

Delhi-based not-for-profit legal organization, SFLC.in (Software Freedom Law Center, India) called for a complete and immediate withdrawal of the draft amendments to the IT Rules, warning of “unprecedented amounts of digital censorship of critical voices on online platforms, and an oppressive chilling effect that stifles the free speech of citizens online.”

The proposed amendments are included in the Draft Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Second Amendment Rules, 2026 released recently by the Ministry of Electronics and Information Technology (MeitY) for public consultation.

SFLC.in founder Mishi Choudhary said, “While purportedly issued to strengthen compliance, the proposed amendments will introduce sweeping changes that would diminish the freedom of speech and expression under Article 19(1)(a) of the Constitution, and undermine established legal frameworks.”

According to SFLC.in, the proposed amendments would have far-reaching implications for users’ privacy and freedom of expression online. The organisation notes that these amendments introduce provisions that expand the scope of government oversight while placing additional compliance burdens on digital platforms.

One of the key concerns flagged is the requirement for intermediaries to retain user data for 180 days, even after the purpose for which it was collected has been fulfilled. According to SFLC.in, this may weaken existing data protection safeguards, including the user’s right to have their data erased.

The Draft Amendments also require intermediaries to comply with advisories, guidelines, and directions issued by MeitY in order to retain safe harbour protections. SFLC.in has pointed out that such directions are not considered to be binding in nature and making them binding through the Rules raise concerns about the concentration of regulatory powers with the executive, with no parliamentary oversight.

SFLC.in further notes that the expanded scope of content regulation could bring ordinary users under increased scrutiny, particularly in relation to content linked to news and current affairs. This could lead to platforms taking a more cautious approach, potentially resulting in the removal of lawful content.

The organisation has urged the government to revisit the proposed amendments and undertake a more detailed and consultative process that takes into account their potential impact on fundamental rights. It has also encouraged stakeholders and citizens to submit their comments to MeitY within the consultation period.