Based on the legal framework of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and the specific precedent involving The Frontier Manipur in 2021, a state government cannot issue such an advisory to regulate digital news content under Part III of the IT Rules, 2021.
TFM Analysis
The Home Department of the Government of Manipur issued an advisory on April 27, directing all electronic, digital, and social media platforms operating within the State to adhere to responsible dissemination of information.
Citing the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the advisory noted that instances of unverified, misleading, and provocative content — including announcements attributed to banned organisations — have been observed, causing panic and disturbance to public order.
The advisory mandates due diligence by platforms, prohibits hosting content from unlawful or unauthorised organisations, and calls for the prevention of misinformation, deepfakes, and manipulated content. News publishers have been directed to adhere to the Code of Ethics under the IT Rules, 2021, ensuring accuracy, fairness, and respect for public order.
Platforms have also been asked to refrain from sensational or provocative content, establish grievance redressal mechanisms, and cooperate with law enforcement agencies. Non-compliance, the advisory stated, may attract action under the Information Technology Act, 2000. The order, issued with the approval of the Competent Authority, came into immediate effect.
Not Again! Know the Centre’s mandate
Based on the legal framework of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and the specific precedent involving The Frontier Manipur in 2021, a state government cannot issue such an advisory to regulate digital news content under Part III of the IT Rules, 2021.
A cursory legal analysis and the referenced precedent.
- The Legal Basis: Part III is a Central Subject
The advisory you attached explicitly cites the IT Rules, 2021 as its source of authority (specifically clauses 3 and 4 of the document). However, the legal architecture of these rules divides power between the Centre and States:
– Part II of the IT Rules, 2021 deals with Intermediaries (social media platforms like Facebook, X, etc.). These rules are administered by the Ministry of Electronics and Information Technology (MeitY) .
– Part III of the IT Rules, 2021 deals with Publishers of Digital News and Current Affairs. These rules are administered exclusively by the Ministry of Information and Broadcasting (MIB), Government of India.
- The Central Government’s Clarification (2021)
To prevent overreach, the Central Government issued a formal clarification to all States and Union Territories on March 3, 2021. The Ministry of Information and Broadcasting explicitly stated that:
“It is hereby informed that Part-III of the Rules are administered by the Ministry of Information and Broadcasting, Government of India. These powers have not been delegated to State Governments/District Magistrates/Police Commissioners.”
Any action taken by a State Government under Part III (i.e., regulating digital news content, enforcing a “Code of Ethics,” or issuing directions to news publishers) is therefore legally untenable and ultra vires (beyond its legal authority).
- The Precedent: Manipur vs. The Frontier Manipur (2021)
Your reference to the notice issued to The Frontier Manipur is the definitive precedent for why the advisory issued by Government of Manipur, Home Department is invalid.
– The Incident (March 1, 2021): The District Magistrate of Imphal West issued a notice to The Frontier Manipur (TFM) and its talk show “Khanasi Neinasi.” The notice demanded documents proving compliance with the IT Rules, 2021, citing the new digital media norms. This was the first time that a notice has been issued under the new guidelines that the Centre announced on February 25.
– The Central Intervention: The Central Government intervened immediately. I&B Secretary Amit Khare wrote a letter to the Manipur Chief Secretary stating that the District Magistrate had no jurisdiction to issue such a notice.
– The Result: The Manipur Government was forced to withdraw the notice within 24 hours. The Deputy Commissioner pasted a new order outside The Frontier Manipur, Executive Editor’s residence stating the previous notice was “withdrawn with immediate effect”.
- How the Current Advisory Exceeds State Powers
The advisory dated April 27, 2026 contains several provisions that violate the 2021 Central clarification:
| Provision in Advisory |
Legal Status |
Reason |
| Point (v): Barring “sensational” or “provocative” content. |
Ultra Vires |
This is content regulation of news publishers, falling exclusively under MIB (Part III) |
| Point (vi): Mandating Grievance Redressal Mechanisms. |
Ultra Vires |
The 3-Tier grievance system for digital news is controlled by the Centre, not the State Home Department. |
| Point (vii): Threatening loss of “statutory protections” (Safe Harbour). |
Ultra Vires |
The power to strip an intermediary of safe harbor protection lies with the Centre under Section 79 of the IT Act, not a State Commissioner of Home. |
- The “Notice” vs. “Advisory” Distinction
While the government might argue that the attached document is merely an “Advisory” and not an “Order,” legally this distinction is weak (a distinction without a difference).
– The Effect: The document uses mandatory language (“shall be ensured,” “strict compliance,” “Legal Consequences for Non-Compliance”).
– The Precedent: In 2021, the Centre rebuked Manipur even for issuing a notice requesting information. The Centre maintains that no State authority—whether by notice, order, or advisory—can compel compliance under Part III of the IT Rules.
What is Wrong?
The Government of Manipur lacks the constitutional and statutory authority to issue this advisory under the IT Rules, 2021. Therefore, the advisory is legally unenforceable. It mirrors the exact overreach seen in The Frontier Manipur case of 2021, which the Central Government immediately quashed. If a media house receives such a notice, it can respond citing the MIB’s circular dated March 3, 2021, stating that the State Home Department has no jurisdiction over digital news content under Part III of the IT Rules, 2021.
The post Can Manipur Govt issue advisory to digital media platforms under IT Rules, 2021? NO! first appeared on The Frontier Manipur.
Read more / Original news source: https://thefrontiermanipur.com/can-manipur-govt-issue-advisory-to-digital-media-platforms-it-rules-2021-no/
