Olivia
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Shantanu
@Shant_Do
PhD Cand. @UniMelb studying young ppl and work beyond the wage | co-convener @SAFUnimelb |Previously at @CPR_India | 🏳️🌈
Joined June 2017
1.1K Following
258 Followers
749 Posts
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(1/2) I am happy to share that my one of my doctoral chapters titled “Becoming serious young men: Joblessness, platform enterprising, and the contradictory production of Amazon reselling in North India” has recently been published open access in Geoforum.
https://t.co/20XWvEsMQD
Sound the Alarm : IFF’s First Read on MeitY's Draft IT Rules Second Amendment, 2026
New Delhi, 30 March 2026
On 30 March 2026, the Ministry of Electronics and Information Technology published proposed amendments to the IT Rules, 2021, inviting public comments by 14 April, a comment period of barely fifteen days for changes with far reaching consequences for free speech and intermediary governance in India. We have conducted a quick review of the draft amendments. Despite being presented as "clarificatory and procedural," they represent a dangerous expansion of executive power over online speech.
We wish to state at the outset that these proposed amendments need to be immediately withdrawn and every member in our citizenry should demand their roll back and stand with the Constitution of India. These proposed amendments come at a time of fear and increased government directed censorship, especially of online political speech that includes parody and satire of the government, including the Prime Minister.
In brief the five changes are listed below:
1. Rule 3(1)(g) and 3(1)(h): Insertion of phrases within existing clauses making data retention obligations under the IT Rules additional to retention requirements under any other law.
2. Rule 3(4): Insertion of a new clause that mandates intermediary compliance with MeitY-issued clarifications, advisories, directions, SOPs, codes of practice, and guidelines, making such compliance a condition for retaining safe harbour under Section 79 of the IT Act. These are not anchored to the rule making powers of the IT Act, 2000 and provide uncanalised power to MEITY despite it stating otherwise.
3. Rule 8(1) proviso: A substitution in the proviso that expands applicability of MIB’s oversight mechanism in Part III of the rules to: (1) intermediaries and (2) users who are not “publishers” and post/share news and current affairs content online. This oversight mechanism contains the blocking powers of MIB by way of Rule 14 (Inter-Departmental Committee), Rule 15 (Procedure for issuing directions to block), and Rule 16 (Emergency blocking provisions).
4. Rule 14(2) : A substitution that expands the scope of the IDC from hearing "complaints or grievances" to hearing "matters", including those referred by the Ministry of Information and Broadcasting.
5. Rule 14(5) : Replaces "complaints or grievances" with "the matter" in relation to IDC examination and recommendations.
A massive expansion of an unconstitutional censorship and regulatory power
First and most concerningly, Rule 3(4) creates a sweeping power for MeitY to issue binding instruments which are not anchored in law such as clarifications, advisories, directions, SOPs, codes of practice, and guidelines that intermediaries must comply with as a condition of safe harbour under Section 79 of the IT Act.
The Supreme Court's 2015 judgment in Shreya Singhal v. Union of India (2015) 5 SCC 1, remains the foundational precedent governing intermediary liability. It constrains the proposed amendments in several ways. First, the court read down Section 79(3)(b) to require that "actual knowledge" of unlawful content must come through a court order or government notification. Any Rule 3(4) making MeitY, "clarifications, advisories, directions, SOPs", lower the constitutional threshold for intermediary due diligence obligations.
Further, the settled principle in Indian administrative law, reaffirmed in Indian Express Newspapers v. Union of India (1985) 1 SCC 641 and Confederation of Ex-Servicemen Associations v. Union of India (2006) 8 SCC 399, is that delegated legislation must remain within the four corners of the parent statute. It is important to note that the rule-making power under Section 87(1) of the IT Act is confined to, "carry[ing] out the provisions" of the Act. Section 87(2)(zg) authorizes rules for intermediary guidelines under Section 79(2), and Section 87(2)(z) for blocking procedures under Section 69A(2). Justice Chandurkar's judgement in the Kunal Kamra case clearly found the FCU amendment was not properly referable to either provision. Hence, any Rule 3(4) mandating compliance with MeitY advisories would face identical challenges since they create substantive new obligations not contemplated by Sections 79 or 87.
Even though Rule 3(4)(b)(ii) states that such, “advisories” etc. need to, “clearly specify the statutory provision or legal basis under which it is issued”, since these are not required to be published or made public there is every likelihood these will be issued with secrecy and hence may just in a tautological manner refer back to Section 79(3)(b) of the IT Act. This is similar to a logical fallacy in which it is clearly observable that a student is cheating on an exam who then claims that they may be permitted to continue cheating since they are stating at the same time they are not cheating.
The practical effect of Rule 3(4) is that intermediaries face a perpetual compliance threat. Any failure to comply with any MeitY-issued instrument, however vague, however rapidly issued may cost them their safe harbour. The response for an intermediary is over-compliance and over-censorship.
Circumventing existing stay orders
The original proviso to Rule 8(1) stated that Part III applied to intermediaries only "for the purposes of rules 15 and 16" i.e., content blocking directions and emergency blocking. The amended proviso now extends this to Rule 14, bringing intermediaries and user-generated news/current affairs content under the jurisdiction of the Inter-Departmental Committee.
Under Rules 9(1) and 9(3) of the 2021 IT Rules, there is a Code of Ethics compliance requirement and the three-tier grievance redressal mechanism, both of which were stayed by the Bombay High Court on 14 August 2021 as prima facie violative of Article 19(1)(a) and ultra vires the IT Act. On the oversight mechanism in Rules 14, 15, and 16, the Bombay High Court granted the petitioners to seek relief on this rule when an Inter Departmental Committee is established. The Madras High Court affirmed this stay as having pan-India effect in its order of 16 September 2021 in T.M. Krishna v. Union of India, observing that "an oversight mechanism to control the media by the government may rob the media of its independence."
Both these cases, along with other cases challenging various provisions of the 2021 IT Rules, are now pending adjudication before the Delhi High Court.
The expansion of Rule 8(1) to cover Rules 14, 15, and 16 is an attempt to expand the blocking powers of MIB to both intermediaries and users who are not “publishers” but post news and current affairs content online. The IDC can now examine "matters" relating to user-generated news content on intermediary platforms without the Code of Ethics framework having been adjudicated as constitutional; the government effectively obtains the content oversight machinery that three High Courts found illegal, through a different procedural door.
Transforming the IDC from Grievance Body to Censorship Apparatus
The original Rule 14(2) required the IDC to hear "complaints regarding violation or contravention of the Code of Ethics." The amended version removes this requirement entirely.
The IDC now hears:
(a) grievances arising from decisions at Level I or II; or
(b) "matters" referred to by the Ministry.
Clause (b) is unconstrained since, (a) there is no requirement that the "matter" arise from a complaint, (b) no requirement that the "matter" relate to a Code of Ethics violation; and (c) no requirement that the affected party be heard before the referral. The Ministry of Information and Broadcasting can, on its own motion, refer any content-related "matter" to the IDC.
The cumulative effect of the amendments to Rules 8 and 14 is to reconstruct the oversight machinery that the Bombay and Madras High Courts found constitutionally suspect, in a form designed to evade the existing interim orders. The IDC, previously limited to the three-tier complaints process under the stayed Rules 9(3), 12, and 13 framework, now operates as a free-standing censorship committee that can take up "matters" referred by the executive.
Increased user surveillance through mandatory data retention directions
Insertion of phrases within existing clauses making data retention obligations under the IT Rules additional to retention requirements under any other law. For instance, the mandatory data retention of user data beyond 180 days within Rule 3(1)(g) and 3(1)(h) may be prescribed for longer periods and other purposes raising risks of surveillance and even potentially data leaks of sensitive data that is stored for longer periods of time. Government mandates for data retention as to their legal authority and hence period of retention will be beyond those contained under the IT Act.
SOS for Digital Rights
IFF urges an urgent rollback!
We are alarmed by the continuing expansion of unchecked executive power that is opposed to the Constitution of India. The present actions of MEITY smack of digital authoritarianism and we call on them to withdraw these proposed amendments.
The proper course is to await judicial determination of the pending challenges, respect interim protections granted by constitutional courts, and pursue regulatory objectives through parliamentary legislation rather than subordinate instruments that exceed the parent statute.
If not withdrawn, IFF will file a detailed response before the comment deadline. We call upon all stakeholders to submit their objections before 14 April 2026 at [email protected]
![internetfreedom's tweet photo. Sound the Alarm : IFF’s First Read on MeitY's Draft IT Rules Second Amendment, 2026
New Delhi, 30 March 2026
On 30 March 2026, the Ministry of Electronics and Information Technology published proposed amendments to the IT Rules, 2021, inviting public comments by 14 April, a comment period of barely fifteen days for changes with far reaching consequences for free speech and intermediary governance in India. We have conducted a quick review of the draft amendments. Despite being presented as "clarificatory and procedural," they represent a dangerous expansion of executive power over online speech.
We wish to state at the outset that these proposed amendments need to be immediately withdrawn and every member in our citizenry should demand their roll back and stand with the Constitution of India. These proposed amendments come at a time of fear and increased government directed censorship, especially of online political speech that includes parody and satire of the government, including the Prime Minister.
In brief the five changes are listed below:
1. Rule 3(1)(g) and 3(1)(h): Insertion of phrases within existing clauses making data retention obligations under the IT Rules additional to retention requirements under any other law.
2. Rule 3(4): Insertion of a new clause that mandates intermediary compliance with MeitY-issued clarifications, advisories, directions, SOPs, codes of practice, and guidelines, making such compliance a condition for retaining safe harbour under Section 79 of the IT Act. These are not anchored to the rule making powers of the IT Act, 2000 and provide uncanalised power to MEITY despite it stating otherwise.
3. Rule 8(1) proviso: A substitution in the proviso that expands applicability of MIB’s oversight mechanism in Part III of the rules to: (1) intermediaries and (2) users who are not “publishers” and post/share news and current affairs content online. This oversight mechanism contains the blocking powers of MIB by way of Rule 14 (Inter-Departmental Committee), Rule 15 (Procedure for issuing directions to block), and Rule 16 (Emergency blocking provisions).
4. Rule 14(2) : A substitution that expands the scope of the IDC from hearing "complaints or grievances" to hearing "matters", including those referred by the Ministry of Information and Broadcasting.
5. Rule 14(5) : Replaces "complaints or grievances" with "the matter" in relation to IDC examination and recommendations.
A massive expansion of an unconstitutional censorship and regulatory power
First and most concerningly, Rule 3(4) creates a sweeping power for MeitY to issue binding instruments which are not anchored in law such as clarifications, advisories, directions, SOPs, codes of practice, and guidelines that intermediaries must comply with as a condition of safe harbour under Section 79 of the IT Act.
The Supreme Court's 2015 judgment in Shreya Singhal v. Union of India (2015) 5 SCC 1, remains the foundational precedent governing intermediary liability. It constrains the proposed amendments in several ways. First, the court read down Section 79(3)(b) to require that "actual knowledge" of unlawful content must come through a court order or government notification. Any Rule 3(4) making MeitY, "clarifications, advisories, directions, SOPs", lower the constitutional threshold for intermediary due diligence obligations.
Further, the settled principle in Indian administrative law, reaffirmed in Indian Express Newspapers v. Union of India (1985) 1 SCC 641 and Confederation of Ex-Servicemen Associations v. Union of India (2006) 8 SCC 399, is that delegated legislation must remain within the four corners of the parent statute. It is important to note that the rule-making power under Section 87(1) of the IT Act is confined to, "carry[ing] out the provisions" of the Act. Section 87(2)(zg) authorizes rules for intermediary guidelines under Section 79(2), and Section 87(2)(z) for blocking procedures under Section 69A(2). Justice Chandurkar's judgement in the Kunal Kamra case clearly found the FCU amendment was not properly referable to either provision. Hence, any Rule 3(4) mandating compliance with MeitY advisories would face identical challenges since they create substantive new obligations not contemplated by Sections 79 or 87.
Even though Rule 3(4)(b)(ii) states that such, “advisories” etc. need to, “clearly specify the statutory provision or legal basis under which it is issued”, since these are not required to be published or made public there is every likelihood these will be issued with secrecy and hence may just in a tautological manner refer back to Section 79(3)(b) of the IT Act. This is similar to a logical fallacy in which it is clearly observable that a student is cheating on an exam who then claims that they may be permitted to continue cheating since they are stating at the same time they are not cheating.
The practical effect of Rule 3(4) is that intermediaries face a perpetual compliance threat. Any failure to comply with any MeitY-issued instrument, however vague, however rapidly issued may cost them their safe harbour. The response for an intermediary is over-compliance and over-censorship.
Circumventing existing stay orders
The original proviso to Rule 8(1) stated that Part III applied to intermediaries only "for the purposes of rules 15 and 16" i.e., content blocking directions and emergency blocking. The amended proviso now extends this to Rule 14, bringing intermediaries and user-generated news/current affairs content under the jurisdiction of the Inter-Departmental Committee.
Under Rules 9(1) and 9(3) of the 2021 IT Rules, there is a Code of Ethics compliance requirement and the three-tier grievance redressal mechanism, both of which were stayed by the Bombay High Court on 14 August 2021 as prima facie violative of Article 19(1)(a) and ultra vires the IT Act. On the oversight mechanism in Rules 14, 15, and 16, the Bombay High Court granted the petitioners to seek relief on this rule when an Inter Departmental Committee is established. The Madras High Court affirmed this stay as having pan-India effect in its order of 16 September 2021 in T.M. Krishna v. Union of India, observing that "an oversight mechanism to control the media by the government may rob the media of its independence."
Both these cases, along with other cases challenging various provisions of the 2021 IT Rules, are now pending adjudication before the Delhi High Court.
The expansion of Rule 8(1) to cover Rules 14, 15, and 16 is an attempt to expand the blocking powers of MIB to both intermediaries and users who are not “publishers” but post news and current affairs content online. The IDC can now examine "matters" relating to user-generated news content on intermediary platforms without the Code of Ethics framework having been adjudicated as constitutional; the government effectively obtains the content oversight machinery that three High Courts found illegal, through a different procedural door.
Transforming the IDC from Grievance Body to Censorship Apparatus
The original Rule 14(2) required the IDC to hear "complaints regarding violation or contravention of the Code of Ethics." The amended version removes this requirement entirely.
The IDC now hears:
(a) grievances arising from decisions at Level I or II; or
(b) "matters" referred to by the Ministry.
Clause (b) is unconstrained since, (a) there is no requirement that the "matter" arise from a complaint, (b) no requirement that the "matter" relate to a Code of Ethics violation; and (c) no requirement that the affected party be heard before the referral. The Ministry of Information and Broadcasting can, on its own motion, refer any content-related "matter" to the IDC.
The cumulative effect of the amendments to Rules 8 and 14 is to reconstruct the oversight machinery that the Bombay and Madras High Courts found constitutionally suspect, in a form designed to evade the existing interim orders. The IDC, previously limited to the three-tier complaints process under the stayed Rules 9(3), 12, and 13 framework, now operates as a free-standing censorship committee that can take up "matters" referred by the executive.
Increased user surveillance through mandatory data retention directions
Insertion of phrases within existing clauses making data retention obligations under the IT Rules additional to retention requirements under any other law. For instance, the mandatory data retention of user data beyond 180 days within Rule 3(1)(g) and 3(1)(h) may be prescribed for longer periods and other purposes raising risks of surveillance and even potentially data leaks of sensitive data that is stored for longer periods of time. Government mandates for data retention as to their legal authority and hence period of retention will be beyond those contained under the IT Act.
SOS for Digital Rights
IFF urges an urgent rollback!
We are alarmed by the continuing expansion of unchecked executive power that is opposed to the Constitution of India. The present actions of MEITY smack of digital authoritarianism and we call on them to withdraw these proposed amendments.
The proper course is to await judicial determination of the pending challenges, respect interim protections granted by constitutional courts, and pursue regulatory objectives through parliamentary legislation rather than subordinate instruments that exceed the parent statute.
If not withdrawn, IFF will file a detailed response before the comment deadline. We call upon all stakeholders to submit their objections before 14 April 2026 at itrules.consultation@meity.gov.in](https://pbs.twimg.com/media/HEqQQAQbwAAH-Db.jpg)
This is fucking apartheid.
‘Blindfolded’, 'Abducted': Student Activists Allege Torture, Sexual Harassment by Delhi Police
@tarushi_aswani✍️
https://t.co/KeJA04hPmS
#Interview | 'They Want to Erase Our Identity': Grace Banu on Transgender Amendment Bill 2026
@ksharmita_ is joined by @thirunangai to discuss the proposed amendment to the Transgender Persons (Protection of Rights) Act, 2019.
Watch: https://t.co/7qOxy2tpQz
This is truly awful.
India Among Countries Facing Gradual but Continuous Erosion of Academic Autonomy: Report
Ritvi Jain✍️
https://t.co/MJjUw7zwtu
@DelhiPolice, @CPDelhi: Please take note: open hate assembly today at Uttam Nagar, open threat to disrupt Eid. Expect you to stop it and ensure a fearless, peaceful Eid. Provide security to the Muslims in Uttam Nagar and Delhi. Do not allow a repeat of 2020.
(2/2) This paper looks at a set of Muslim young men in North India who worked as Amazon resellers and self-identified as “serious people��. Focusing on the effects of platform work across scales, I argue that platforms emerge as contradictory resource for youth in the Global South
(1/2) I am happy to share that my one of my doctoral chapters titled “Becoming serious young men: Joblessness, platform enterprising, and the contradictory production of Amazon reselling in North India” has recently been published open access in Geoforum.
https://t.co/20XWvEsMQD
Still think the elections are free and fair?
https://t.co/eBwM3hxaDn
Two men, Naveen Dalal & Darvesh Shahpur were arrested for firing shots at Umar khalid in 2018. They were granted bail immediately after and one of them contested the assembly elections. Meanwhile Umar denied bail yet again after more than 5 years in jail. Democratic things
#UmarKhalidBailPlea: Can you fathom the absurdity of this? The Supreme Court of India says "continued detention has not crossed constitutional impermissibility to override the statutory embargo as against them" in the case of Umar Khalid and Sharjeel Imam.
In other words, Justice Aravind Kumar means that although a constitutional court can grant bail if the period of incarceration is long, unjustified, or disproportionate, in the case of Khalid and other, the time in jail is NOT YET long enough, the delay is NOT YET shocking or unconstitutional, and that Article 21 right to life and liberty has NOT BEEN VIOLATED yet!
The constitutional right to liberty has NOT reached a level STRONG ENOUGH to defeat the draconian UAPA bail prohibition! FIVE YEARS in jail without possibility of trial starting is not good enough for Hon'ble Lordships Justice Aravind Kumar and Prasanna Varale!
From the beginning, when you read the previous judgments denying them bail, it's crystal clear that there is no case against them.
A glimmer from today's order is that after one year, they will get bail. The travesty is that they will have spent six and a half years in jail.
A decade after Mohammad Akhlaq was lynched to death in his hometown in Uttar Pradesh's Dadri, the state government has moved to drop charges against all the accused, Outlook reported on Thursday.
https://t.co/mcttxv8bH1
25 lakh Vote Chori in Haryana, and there are 5 categories:
⦁ Duplicate voters - 5,21,619
⦁ Invalid addresses - 93,174
⦁ Bulk voters - 19,26,351
⦁ Misuse of Form 6 (additions)
⦁ Misuse of Form 7 (deletions)
👉 TOTAL - 25,41,144
Notice that we have left the last 2 categories empty because the EC now no longer allows us to access it, post Mahadevapura.
So what is the Big Picture of Haryana?
Haryana - 2 crore voters
Vote Chori - 25 lakh (possibly more)
Thus, 1 in 8 Voters in Haryana are fake.
Despite this massive Vote Chori, the Congress party lost by only 22,779 votes.
: LoP Shri @RahulGandhi
📍 Delhi
CALL FOR PAPERS
Emerging Geographies of Youth in a Post-Liberalized India
Ahmedabad University, 12 - 13 March 2026
We extend an open call for papers for our ICSSR-funded international seminar.
More details in the attached concept note. 1/3
@priyam_manisha @MehtaGMona
My heart broke as I read this account of a Muslim boy with mostly Hindu friends beaten to death after he met a Hindu girl in cafe
His biggest betrayal was that his Hindu friends also joined in his murder
Even friendship is poisoned by ideologies of hate
https://t.co/a1Ho4Z4yLC
https://t.co/c2AJ1ToEFZ
A special issue on Himalayan Masculinities that I co-edited with Ritodhi Chakraborty and Matthew Wilkinson is now out!
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