INSITE - India- October 2025
- sukhwinder21
- 10 minutes ago
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MEITY NOTIFIES 2025 AMENDMENTS TO IT RULES, ENHANCING INTERMEDIARY DUE DILIGENCE AND ONLINE CONTENT TAKEDOWN FRAMEWORK
Summary: The Ministry of Electronics and Information Technology (MeitY), through Notification G.S.R. 775(E) dated 22 October 2025, has introduced the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2025, which will come into effect from 15 November 2025. These amendments tighten compliance obligations on intermediaries and digital platforms in relation to unlawful online content under the IT Rules, 2021.
In Detail: The Ministry of Electronics and Information Technology (MeitY) has notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2025, amending the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IT Rules, 2021”). The amendments strengthen the framework of due diligence obligations applicable to intermediaries under the Information Technology Act, 2000 (“IT Act”). In particular, the amendments to Rule 3(1)(d) introduce enhanced safeguards to ensure that the removal of unlawful content is implemented in a transparent, proportionate, and accountable manner. The amended Rules will come into effect from 15 November 2025.
Background
The IT Rules, 2021 were originally notified on 25 February 2021 and subsequently amended on 28 October 2022 and 6 April 2023. They prescribe due diligence requirements for intermediaries, including social media intermediaries, with the objective of ensuring online safety, security, and accountability. Under Rule 3(1)(d), intermediaries are required to remove unlawful information upon receiving actual knowledge, either through a court order or a notification from the appropriate government authority.
Upon review, MeitY identified the need to introduce further safeguards to ensure senior-level accountability in decision-making, clear specification of unlawful content, and structured periodic oversight of government-issued directions.
Key Features of the Amendments
1. Senior-Level Authorisation
Any direction issued to an intermediary for removal of unlawful information must now be authorised by a senior officer not below the rank of Joint Secretary, or equivalent. Where such a rank is not designated, the direction may be issued by a Director or an officer of equivalent grade, who may act through a designated authorised agency.
In the case of police authorities, only an officer not below the rank of Deputy Inspector General of Police (DIG), specially authorised, may issue such an intimation.
2. Reasoned and Specific Intimation
Directions must now clearly specify the statutory provision and legal basis relied upon, the nature of the unlawful act, and the precise URL, identifier, or electronic location of the content to be removed.
The earlier reference to generic “notifications” has been replaced with the requirement of a “reasoned intimation,” aligning with the ‘actual knowledge’ standard under Section 79(3)(b) of the IT Act, thus improving clarity and precision.
3. Periodic Review Mechanism
All directions issued under Rule 3(1)(d) will be subject to monthly review by an officer not below the rank of Secretary of the Appropriate Government.
This ensures that enforcement measures remain necessary, proportionate, and consistent with constitutional and statutory requirements.
The amendments aim to reinforce legal enforcement while safeguarding constitutional rights, ensuring that regulatory actions are not arbitrary and are supported by procedural transparency.
The amendments are expected to bring greater transparency and accountability by clearly defining which authorities may issue content removal directions and by mandating periodic oversight, thereby strengthening institutional safeguards. They also provide improved clarity for intermediaries, as reasoned and detailed takedown notices will enable more consistent and confident compliance with legal obligations. Further, the reforms enhance procedural fairness by incorporating principles of proportionality and natural justice while reinforcing lawful restrictions under the IT Act.
For further details, interested stakeholders may refer to the Gazette Notification and the consolidated IT Rules, 2021 (as amended up to October 2025), available on the official websites of the e-Gazette of India and MeitY.
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