Union Govt tightens rules for removing online content, amends IT Rules, 2021

Ziraat Times News Desk

NEW DELHI — The Ministry of Electronics and Information Technology (MeitY) has notified key amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, introducing new safeguards to ensure online content removal by social media and other digital intermediaries is more transparent, proportionate, and accountable.

The changes, which specifically amend Rule 3(1)(d) of the IT Rules, 2021, and come into effect on November 15, 2025, mandate senior-level authorization, precise justification, and periodic review for government directions ordering the removal of unlawful online content.

New framework for content removal

Previously, Rule 3(1)(d) required intermediaries to remove unlawful information upon receiving “actual knowledge” through a court order or a broad notification from the Appropriate Government. MeitY stated that a review of this process highlighted the need for greater senior-level accountability, precise specification of unlawful content, and periodic review of government directions.

The amendments introduce a new framework for issuing content removal orders:

• Senior-level Authorisation: Any order (now termed ‘intimation’) to intermediaries for content removal must be issued by a senior officer not below the rank of Joint Secretary, or equivalent. For police authorities, the order must come from an officer not below the rank of Deputy Inspector General of Police (DIG), who must be specially authorized for this purpose. This ensures that only high-ranking officials are empowered to make such decisions.

• Reasoned Intimation: The previous broad use of ‘notifications’ is replaced with ‘reasoned intimation.’ The order must now clearly specify the legal basis, the statutory provision, the nature of the unlawful act, and the specific URL/identifier or other electronic location of the content to be removed. This aligns the Rules with the requirement of ‘actual knowledge’ under Section 79(3)(b) of the IT Act, bringing much-needed clarity.

• Periodic Review: All removal orders issued will be subject to a mandatory monthly review by an officer not below the rank of Secretary of the Appropriate Government. This check aims to ensure that such actions remain necessary, proportionate, and consistent with the law.

Balancing rights and accountability

MeitY stated that the amendments strike a crucial balance between the constitutional rights of citizens and the legitimate regulatory powers of the State, ensuring that enforcement actions are transparent and non-arbitrary.

The expected impact includes enhanced transparency and accountability through clear guidelines on who can issue directions and how, and better clarity for intermediaries, which will now receive detailed, reasoned intimations to help them comply with the law. Ultimately, the government asserts the reforms will strengthen safeguards and proportionality while upholding the principles of natural justice and reinforcing lawful restrictions under the IT Act, 2000.

The IT Rules, 2021, were originally notified in February 2021 and subsequently amended in October 2022 and April 2023, prescribing due diligence obligations on intermediaries to ensure online safety, security, and accountability.