New Delhi, May 9: Congress MP Karti Chidambaram has expressed serious concerns regarding the proposed amendment to Rule 3(4) of the Information Technology (IT) regulations in a letter to Union Minister Ashwini Vaishnaw. He has called for the withdrawal of these amendments, emphasizing that Parliament cannot remain a silent spectator while the executive creates real liabilities through communication.
Chidambaram stated, “I am writing this letter to draw your attention to critical issues concerning parliamentary oversight, democratic accountability, and the future of India’s digital governance framework. The proposed amendments to Rule 3(4) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 raise serious concerns. While the government has full authority to create rules under the IT Act of 2000, these powers are subject to constitutional safeguards and parliamentary scrutiny. The current proposal appears to go far beyond this framework, as it allows the ministry’s advisories, clarifications, standard operating procedures, directives, and other executive tools to become binding components of intermediaries’ due diligence obligations under Section 79 of the IT Act.”
The Congress MP accused the government of imposing legislation without proper debate. He remarked, “This sets a troubling precedent, as tools of an administrative or advisory nature can now achieve legal consequences without being presented before Parliament, publicly debated, or subjected to the usual scrutiny applicable to delegated legislation. The executive cannot render Parliament a silent spectator while establishing concrete liabilities through communication. If the government wishes to impose new duties on intermediaries, it must do so through clear laws, due process, parliamentary scrutiny, and public consultation.”
Chidambaram added, “The far-reaching implications of the proposed rules are not limited to platforms alone, as the obligations of due diligence directly affect online expression, content control, access to information, grievance redressal mechanisms, journalists, creators, startups, civil society organizations, and ordinary internet users. Therefore, any expansion of these obligations should be considered with caution, transparency, and meaningful consultation.”
He also raised concerns about ease of doing business and regulatory certainty. “India’s digital economy requires a stable, predictable, and clearly defined regulatory framework. Uncertain compliance obligations through future consultations and standard operating procedures can create uncertainty for businesses, innovators, and investors operating within India’s technology ecosystem. Therefore, I urge the Ministry of Electronics and Information Technology to withdraw the proposed Rule 3(4) in its current form.”
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