Introduction
On 30 March 2026, the Ministry of Electronics and Information Technology (“MeitY”) released the draft Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Second Amendment Rules, 2026 (“Draft Second Amendment Rules”) for public consultation. The proposed amendments have largely been discussed through the lens of content regulation, platform accountability and government oversight of online information ecosystems. While those issues undoubtedly form part of the proposal, the draft may have far wider implications for intermediaries operating in India.
In particular, the proposed insertion of Rule 3(4) raises an important question regarding the future operation of Section 79 of the Information Technology Act, 2000 (“IT Act”). If notified in its present form, the amendment could significantly expand the sources from which intermediary due diligence obligations are derived and, in doing so, reshape the practical operation of India’s safe harbour
