New Delhi: In a move aimed at enhancing accountability and transparency in digital governance, the Ministry of Electronics and IT has amended the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules to streamline how “unlawful information” is ordered for removal from social media platforms.
Under the revised framework for Rule 3(1)(d), intermediaries such as social media companies must continue to take down unlawful content upon receiving “actual knowledge” through a court order or formal notification from the government. However, the threshold for government-initiated takedowns has been raised significantly — ensuring that only senior officials can issue such directions, with each order backed by clear reasoning and precise details.
Senior-Level Sign-Offs and Monthly Reviews
Going forward, any government intimation to an intermediary for content removal can only be issued by an officer not below the rank of Joint Secretary or equivalent, or, in the absence of such a post, a Director-level officer. For law enforcement, the power is restricted to a Deputy Inspector General of Police (DIG) or above, duly authorised for the purpose.
To further strengthen oversight, all such intimations will now be subject to a monthly review by a Secretary-level officer in the respective government department. The review will assess whether actions taken are “necessary, proportionate, and consistent with law.”
Sharper Drafting and Defined Scope
The amendments also introduce stricter drafting standards. Any government notice must specify the exact legal basis, relevant statutory provision, and the nature of the unlawful act, along with URL-specific details or identifiers pinpointing the information or link to be taken down.
By requiring detailed and reasoned intimations, the government aims to provide clearer compliance guidance for intermediaries while embedding safeguards against arbitrary or overbroad enforcement.
Context: After the Karnataka High Court Verdict
The move follows the Karnataka High Court’s recent dismissal of X Corporation’s (formerly Twitter) challenge to India’s takedown regime, which upheld the government’s framework and the Sahyog portal for online content management.
Officials said the amendments reflect lessons from the case, with a renewed focus on precision, accountability, and proportionality in the exercise of regulatory powers.
“Accountability of the Government Increases”
“On Rule 3(1)(d), accountability of the Government increases with this change. We will be giving a reasoned intimation whenever any such order is passed. The orders will be issued at a fairly senior level — Joint Secretary and above, DIG and above,” IT Minister Ashwini Vaishnaw said while briefing the media.
Balancing Rights and Regulation
According to the IT Ministry, the changes are intended to balance citizens’ constitutional rights with the state’s regulatory mandate, clearly defining who can issue takedown directions and how those directions are reviewed.
Coming in the wake of heightened judicial scrutiny and industry concern, the government’s new framework seeks to bring clarity, transparency, and procedural discipline to content removal actions, while retaining the enforcement powers available under the IT Act, 2000.
