New online content rules to take effect: Govt tightens grip on digital platforms
New Delhi (The Uttam Hindu): The Central Government has announced major changes in the Intermediary Guidelines and Digital Media Ethics Code 2021 by amending the Information Technology Act (IT Act) 2000.
Under the new notification issued by the Ministry of Electronics and Information Technology, this amendment will come into effect from November 15, 2025. The government has taken this step with the aim of tightening the control on online content related to the sovereignty, integrity, security of the state, public order and decency. According to the notification, Rule 3(1)(d) of the IT Rules 2021 has been completely changed. Now, if any such information, photo, video or content is present on any intermediary platform (such as social media, website, online service provider, etc.) which is prohibited under any law.
According to the new guidelines, if an intermediary receives genuine information that illegal or prohibited content is present on its platform, it must remove it within 36 hours. This 'genuine information' will be considered only in two circumstances: first, by an order of a competent court, and second, through a written notice issued by a senior official of the government or any of its authorized agencies. This notice can only be issued by an officer holding the rank of Joint Secretary or equivalent. If the notice is issued by a state government, the officer must be of a Director or equivalent rank. If the notice is issued by the police administration, the officer must not be below the rank of Deputy Inspector General of Police and must be specifically authorized by the state government for this purpose.
The government has also clarified that all such written notices will be reviewed monthly. This review will be conducted by a secretary-level officer from the relevant department to ensure that all orders are necessary, balanced, and in accordance with the spirit of the law. Any written notice will clearly state the legal basis and section of the Act under which the action is being taken, the nature of the illegal act committed, and the URL or digital link to be removed or blocked.