Digital governance takes a step forward |
India’s digital ecosystem has grown rapidly, and online platforms now play a central role in how people communicate and access information. This has also brought new challenges around accountability and online harms, and the existing regulatory frameworks need to evolve accordingly. In this context, the Ministry of Electronics and Information Technology’s proposed changes to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, published on 30 March 2026, mark a step to fill procedural gaps in India’s digital regulatory framework.
The stated objective of the draft amendments is to strengthen compliance by intermediaries with clarifications, advisories, and directions issued by the Ministry under Part II and to enhance the effectiveness of regulatory oversight of content regulation mechanisms under Part III relating to digital media. First, is the clarification of data retention obligations under Rules 3(1)(g) and 3(1)(h). The proposed amendment clears that the Rules’ retention requirements are in addition to obligations under other applicable laws. This removes the ambiguity that has, at times, allowed intermediaries to adopt fragmented or minimalistic compliance approaches.
The IT Act does not allow digital platforms to work alone. They must also follow criminal procedure laws, financial regulations, and rules that apply only to their industry. In that sense, the clarification makes sense and is needed. Importantly, the amendment concerns retention, not access. Disclosure of such data continues to remain subject to legal procedures and statutory protections. Although a blanket saving clause of this nature may be read as instigating, overlapping or even indefinite retention of user data by intermediaries, simply because various legal instruments impose such requirements without reference to necessity purpose limitation or proportionality.
A clarification to alleviate such concerns may be issued, if concerns arise in due course. Second, is the suggested addition of Rule........