The Ministry of Electronics and Information Technology (MeitY) has notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2025, amending Rule 3(1)(d) of the IT Rules, 2021.

IT Rules, 2021

• The IT Rules, 2021 were originally notified in 2021, and subsequently  amended  in 2022 and 2023
• The Rules prescribe due diligence obligations for intermediaries (including social media platforms) under the Information Technology Act, 2000 to ensure online safety, security, and accountability.
• Rule 3(1)(d): Requires intermediaries to remove unlawful information upon receiving actual knowledge either through a court order or notification from the Appropriate Government.

Objective of the Amendment (2025)

• To enhance procedural safeguards and accountability in government orders for content removal.
• To ensure transparency, legal consistency, and protection against arbitrary takedowns.
• To balance national security and public order concerns with citizens’ fundamental right to freedom of speech (Article 19(1)(a)).

Key Features of the 2025 Amendments

• Senior-Level Authorisation: Only senior officers can issue directions for content removal –
  • Officers not below the rank of Joint Secretary or equivalent (or Director, if Joint Secretary rank is not appointed).
  • In police authorities, only an officer not below the rank of Deputy Inspector General (DIG), specially authorised, can issue such directions.
• Reasoned Intimation with Specific Details: Every takedown direction must include:
  • Legal basis and statutory provision under which the order is issued.
  • Nature of the unlawful act.
  • Specific URL, identifier, or electronic location of the content to be removed.
  • This replaces the earlier broad reference to “notifications” with “reasoned intimations,” aligning the Rules with the actual knowledge requirement under Section 79(3)(b) of the IT Act, 2000.
  • Aims to ensure clarity, precision, and compliance consistency for intermediaries.
• Periodic Review Mechanism: 
  • All directions issued under Rule 3(1)(d) will undergo monthly review by an officer not below the rank of Secretary of the Appropriate Government.
  • Ensures actions remain necessary, proportionate, and legally consistent.
• Balancing Rights and Responsibilities:
  • The amendment reinforces checks and balances between citizens’ constitutional rights (including freedom of expression) and the State’s regulatory powers.
  • Prevents arbitrary or disproportionate restrictions on online content.

Check Out UPSC CSE Books

Visit PW Store

DOWNLOAD PDF