Government Amends Intermediary Rules to Streamline Content Removal Procedures

The Ministry of Electronics and Information Technology issued the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2025, on October 22, 2025, further modifying the principal rules of 2021. These Amendment Rules were enacted by the Central Government in exercise of the powers conferred by sub-section (1), clauses (z) and (zg) of sub-section (2) of section 87 of the Information Technology Act, 2000. The primary objective of these amendments is to refine the process by which intermediaries are required to remove or disable access to unlawful content hosted on their platforms. The changes specifically address the conditions under which an intermediary is deemed to have "actual knowledge" of such content, thereby triggering their obligation to act. The new rules stipulate a clear 36-hour timeline for intermediaries to remove or disable access to information once actual knowledge is received, particularly concerning content that violates India's sovereignty, security, public order, decency, or other specified legal provisions. This legislative instrument is set to come into force on November 15, 2025.

The amendments aim to provide a more structured and legally defined framework for content moderation and takedown requests, addressing previous ambiguities regarding the trigger for intermediary liability. The earlier legal position, while requiring intermediaries to exercise due diligence, did not explicitly define the precise circumstances constituting "actual knowledge" for government-initiated content removal, leading to potential inconsistencies. The new rules fill this statutory gap by specifying that actual knowledge will arise exclusively from either a court order or a reasoned written intimation from an authorized government officer. The legislation provided: “an intermediary... shall, upon receiving the actual knowledge... remove or disable access to such information within thirty-six hours of the receipt of such actual knowledge, and such actual knowledge shall arise only in the following manner, namely: (i) by an order of a court of competent jurisdiction; or (ii) a reasoned intimation, in writing, issued by an officer authorised for the purpose of issuing such intimation by the Appropriate Government or its agency...” This aims to enhance the efficiency and legal certainty of content regulation. The policy rationale behind these changes is to strengthen the government's ability to ensure that online platforms promptly address content deemed unlawful, especially that which poses risks to national security, public order, or other critical interests. To ensure proportionality and prevent misuse, the rules mandate that such intimations must be issued by officers not below the rank of Joint Secretary (or equivalent) for the Central or State Government, or a Deputy Inspector General of Police for police administrations, and must clearly specify the legal basis, the nature of the unlawful act, and the exact location (URL or identifier) of the content. Furthermore, a crucial enforcement mechanism introduced is the requirement for periodic monthly review of all such intimations by an officer not below the rank of Secretary of the concerned Appropriate Government, ensuring that these directives remain necessary, proportionate, and consistent with the Information Technology Act, 2000. These amendments build upon the principal rules, which were previously amended in 2022 and 2023, reflecting an ongoing legislative effort to adapt to the evolving digital landscape.

Keywords: Information Technology Rules, Intermediary Guidelines, Digital Media Ethics Code, IT Act 2000, Content Removal, Government Oversight, Online Content Regulation, India, Ministry of Electronics and Information Technology

Geo Tags: India, New Delhi District: Not Applicable