New Delhi: The Ministry of Electronics and Information Technology on Wednesday announced that any intimation to social media platforms for the removal of unlawful information can now only be issued by a senior officer not below the rank of Joint Secretary equivalent, or, where such rank is not appointed, a Director or an officer equivalent in rank.
In the case of police authorities, only an officer not below the rank of Deputy Inspector General of Police (DIG), specially authorised, can issue the intimation.
The new rules will come into effect from November 1, 2025.
This replaces the existing procedure of junior officials such as sub inspectors and assistant sub inspectors passing orders to remove content from social media platforms.
These changes have been brought through fresh amendments to Rule 3(1)(d) of the Information Technology Rules, 2021. Additionally, the ministry has proposed amendments to the IT Rules for addressing the menace of deepfakes.
If an intermediary fails to comply take down notices sent under Section 79 (3)(b) of the IT Act, the platform can lose its safe harbour provisions — the provision under IT Act which gives such platforms immunity from content posted by third party.
Additionally, the government has said that these notices or intimation that officers sent to platforms must clearly specify the legal basis and statutory provision, the nature of the unlawful act, and the specific URL/identifier or other electronic location of the information, data or communication link (“content”) to be removed.
This replaces the earlier broad reference to ‘notifications’ with ‘reasoned intimation to align the Rules with the requirement of ‘actual knowledge’ as mandated under section 79(3)(b) of the IT Act, bringing clarity and precision.
This ensures that such actions remain necessary, proportionate, and consistent with law.
The government has also introduced that all intimations issued under Rule 3(1)(d) will be subject to a monthly review by an officer not below the rank of Secretary of the Appropriate Government (State or Centre).
Minister for Electronics and Information Technology Ashwini Vaishnaw said: “The change we have brought here we have raised the level of accountability in the government.”
“This change will increase government transparency. We will provide information with reasons when information is provided. Orders will be passed through a senior-level officer. There were demands in Parliament and on numerous other forums that deep fakes were causing great harm to society. People’s personal lives and privacy were being violated.”
For this, social media platforms will have to put labels, he added.
This amendment also comes at a time when platforms like X have approached courts over content take down notices sent by the government under Section 79 (3) (b) of the IT Act. A common complaint of such platforms has been that any officer has had the power to send take down notices under this specific provision the Act.
These amendments strengthen the framework of due diligence obligations of intermediaries under the Information Technology Act, according to the official statement.
Specifically, the amendments to Rule 3(1)(d) introduce additional safeguards to ensure that removal of unlawful content by intermediaries is carried out in a transparent, proportional and accountable manner, the statement said.
The amendments strike a balance between the constitutional rights of citizens and the legitimate regulatory powers of the State, ensuring that enforcement actions are transparent and do not lead to arbitrary restrictions, the statement added.
(IANS)
