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Meity meets platforms advocacy groups on draft IT rules tweaks Krishnan says open to suggestions


     New Delhi, Apr 7 (PTI) Amid a public outcry over draft IT rules amendment that, among other changes, propose to bring independent news creators on the Centre's radar and mandate compliance with advisories, MeitY on Tuesday met social media platforms and civil society groups on their concerns, with IT Secretary S Krishnan later asserting the ministry is "open" to suggestions.
     Krishnan indicated that the government may extend the April 14 deadline for receiving feedback on proposed IT rules amendments in response to industry's demand for more time, but argued that the changes do not widen powers and many, in fact, are "clarificatory".
     He said the government is working within the framework of the regulations and the constitution.
     The IT secretary said that the government has an "open mind" to suggestions and will consider industry and stakeholder views before finalising any changes.
     Krishnan said the feedback received ranged from requests for more time to demand for outright withdrawal of the draft amendments to IT rules.
     The backlash comes in the wake of the Centre's proposed amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, that significantly widen the ambit to include 'news and current affairs content' posted by non-publisher users such as influencers and content creators.
     The draft effectively brings such user-generated content under the legal framework, like one that currently applies to registered news publishers -- expanding the scope of Part III of the rules.
     The government, on March 30, proposed these draft amendments to IT rules seeking to also mandate intermediaries' compliance with IT Ministry-issued clarifications, advisories, SOPs and guidelines - a proposal that civil society has pushed back against, saying it is akin to bringing information instruments not part of the parent statute into a legal ambit.
     Speaking to reporters on Tuesday, Krishnan said that the IT ministry met with industry and stakeholders to understand the concerns.
     "...we've had an interaction today with both industry and stakeholders, and a number of useful suggestions came up. They sought a little more time to give their views, which I think we will consider. They also wanted some more clarity, saying that intermediaries have been brought within part III and in Rule 14, so what is the implication of that... that kind of process needs to be spelt out," Krishnan said.
     The industry has also urged that all the guidelines be consolidated, which Krishnan said "is a reasonable request" as he promised to look into.
     The industry has also batted for consultations to be held before the issue of any advisory, Krishnan said, adding that in most cases, the IT ministry engages with the industry "like what we did presently", unless there is any emergency.
     The stakeholders, he said, also wanted clear differentiation between intermediaries' role (as regards to Part III of IT rules), and that of registered news publishers, and users' role.
     Some suggestions that came in are "useful", and some are in the realm of procedural safeguards, Krishnan explained, adding, "We will look at all of these suggestions, and also take note of all the suggestions we have received online and through other representations."
     "There were some concerns that some of these rules may create problems for advertising by small businesses...we will take note of all these wider suggestions which we have received before we finalise draft rules," the IT secretary said.
     Krishnan said that in all four changes are being proposed in the draft amendment, starting with retaining of information and preservation of content, which was "important from Law Enforcement Agency (LEA) perspective" to those "purely "procedural in nature, while another pertains to compliance.
     "...question that has been raised often with us by many intermediaries and other companies, is - what is it that we are supposed to follow, and are we expected to follow guidance that the ministry gives?" Krishnan said, adding that through the changes, the ministry proposes to define guidelines under a specific provision.
     The rest of the changes relate to Part III of the rules. The news and current affairs content is regulated by the Ministry of Information and Broadcasting, which applies to registered news publishers.
     Since individual users too put up news-related posts today, it was felt that one entity - I&B Ministry - should handle all news and current affairs content, and the draft provisions enables it, he said.
     Asked about the sudden trigger for the changes, Krishnan said the I&B Ministry is strongly of the view that news and current affairs content is their responsibility.
     The term 'news and current affairs' is already defined in IT rules, Krishnn said, responding to another question on the interpretation of what kind of posts would come under the new ambit.
     The IT rules - under Section 2 (m) define "news and current affairs content" as "newly received or noteworthy content, including analysis, especially about recent events primarily of socio-political, economic or cultural nature, made available over the internet or computer networks" and goes on to say "any digital media shall be news and current affairs content where the context, substance, purpose, import and meaning of such information is in the nature of news and current affairs content".
     To another question on the sudden need for such tweaks, given that the blocking tools/action are already with the government -- 69 (a) for the IT Ministry and 79 3 (b) for various other ministries -- Krishnan said the changes are "clarificatory" in nature.
     "To a person outside government, why should it make a difference, whether it is Meity or MIB," he quipped.
     In a post on X, digital advocacy group Internet Freedom Foundation (IFF) affirmed its core stance: that the proposed IT Rules amendments should be completely withdrawn, as they could enable opaque censorship and violate principles of natural justice under the Information Technology Act, 2000.

(This story has not been edited by THE WEEK and is auto-generated from PTI)