Centre notifies amended IT rules to enhance transparency, accountability in content removal by intermediaries

In a significant move aimed at improving the management of online content, the Ministry of Electronics and Information Technology (MeitY) has announced amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These changes are designed to provide a clearer framework for the removal of unlawful online content by intermediaries, enhancing both transparency and accountability. The revised regulations, which will take effect on November 1, 2025, bolster the due diligence obligations outlined in the Information Technology Act of 2000. One of the key updates to Rule 3(1)(d) introduces new safeguards to ensure that the process of removing unlawful content is conducted transparently and proportionately. Under the amended rules, intermediaries, including social media platforms, must act upon receiving actual knowledge of unlawful content, which can be communicated through a court order or a notification from the Appropriate Government. The review conducted by MeitY underscored the necessity for higher-level accountability and precise definitions of what constitutes unlawful content. Importantly, any removal directive to intermediaries must now originate from a senior officer, specifically one not below the rank of Joint Secretary or equivalent. In cases involving police authorities, only officers with a rank of Deputy Inspector General of Police (DIG) or higher can issue such notifications. These communications will also need to detail the legal basis for the removal and specify the exact nature and location of the content to be taken down. This new approach replaces the previously vague reference to 'notifications' with the more precise term 'reasoned intimation', aligning the rules with the actual knowledge requirement dictated by section 79(3)(b) of the IT Act. Furthermore, all notifications under Rule 3(1)(d) will undergo monthly reviews by a senior officer, ensuring oversight and compliance. These amendments are designed to strike a balance between protecting citizens' constitutional rights and enabling the government to exercise its regulatory powers effectively. The goal is to ensure that enforcement actions are not only transparent but also fair, preventing arbitrary restrictions on content removal.