·
MeitY Notifies
Amendments to Rule 3(1)(d) of the IT Rules, 2021 to Enhance Transparency,
Accountability and Safeguards
·
New Framework Ensures
Senior-Level Authorisation, Reasoned Intimations, and Periodic Review for Proportionate
and Lawful Action
Background
The IT
Rules, 2021, notified on 25th February 2021 and amended in 2022 and
2023, lay down due diligence requirements for intermediaries to ensure online
safety and accountability.
Under Rule 3(1)(d), intermediaries must remove
unlawful content upon receiving actual
knowledge through a court order or notification from the Appropriate
Government.
A recent review by MeitY
identified the need for enhanced safeguards—ensuring senior-level
accountability, specific identification of unlawful content, and regular
oversight of government directions.
Key
Features of the 2025 Amendments
1.
Senior-level Authorisation
·
Any intimation for removal of unlawful content must
now be issued by a senior officer not below the rank of Joint Secretary or
equivalent.
·
In police authorities, only an officer not below
the rank of Deputy Inspector General of Police (DIG), duly authorised, may
issue such intimation.
2.
Reasoned Intimation with Specific Details
·
Each intimation must specify:
o
The legal basis and statutory provision
invoked,
o
The nature of the unlawful act, and
o
The specific URL, identifier or electronic
location of the content.
·
The term ‘notification’
is replaced with ‘reasoned intimation’
to align with the requirement of “actual knowledge” under Section 79(3)(b) of
the IT Act.
3.
Periodic Review Mechanism
·
All intimations issued under Rule 3(1)(d) will
undergo a monthly review by an officer not below the rank of
Secretary of the Appropriate Government.
·
This review ensures that directions remain necessary,
proportionate, and lawful.
4.
Balance of Rights and Responsibilities
·
The framework balances citizens’ constitutional
rights with the legitimate regulatory powers of the State,
preventing arbitrary enforcement while ensuring accountability.
Expected
Impact
·
Enhanced Transparency & Accountability:
Senior-level authorisation and periodic review establish robust oversight and
checks.
·
Clarity for Intermediaries: Clear,
reasoned directions help intermediaries act lawfully and confidently.
·
Proportionality & Safeguards:
Reinforces due process, natural justice, and lawful regulation under the IT
Act, 2000.
[ABS News Service/24.10.2025]
The Ministry of
Electronics and Information Technology (MeitY) has notified
the Information Technology (Intermediary Guidelines and Digital Media Ethics
Code) Amendment Rules, 2025 to amend the Information Technology (Intermediary
Guidelines and Digital Media Ethics Code) Rules, 2021 (“IT Rules, 2021”).
These amendments strengthen the framework of due diligence obligations of intermediaries
under the Information Technology Act, 2000 (“IT Act”). Specifically, the
amendments to Rule 3(1)(d) introduce additional safeguards to ensure that
removal of unlawful content by intermediaries is carried out in a transparent, proportionate
and accountable manner. The amended Rules will come into effect from 15th November,
2025.
Background
The IT Rules, 2021
were originally notified on 25th February, 2021 and subsequently amended
on 28th October, 2022 and 6th April, 2023. They prescribe due diligence
obligations on 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 notification from the Appropriate Government.
The review undertaken
by MeitY highlighted the need for additional safeguards
to ensure senior-level accountability, precise specification of unlawful
content, and periodic review of government directions at higher level.
Key Features of
the Amendments
1.
Senior-level Authorisation:
o
Any intimation to intermediaries for removal of unlawful
information can now only be issued by a senior officer not below the rank of
Joint Secretary, or equivalent, or, where such rank is not appointed,
a Director or an officer equivalent in rank—and, where so authorised,
acting through a single corresponding officer in its authorised agency, where such
agency is so appointed.
o
In case of police authorities, only an officer not
below the rank of Deputy Inspector General of Police (DIG), specially authorised,
can issue such intimation.
2.
Reasoned Intimation with Specific Details:
o
The intimation must clearly specify the legal basis
and statutory provision, the nature of the unlawful act, and the specific
URL/identifier or other electronic location of the information, data or communication
link (“content”) to be removed.
o
This replaces the earlier broad reference to ‘notifications’
with ‘reasoned intimation’ to align the Rules with the requirement of ‘actual knowledge’
as mandated under section 79(3)(b) of the IT Act, bringing clarity and precision.
3.
Periodic Review Mechanism:
o
All intimations issued under Rule 3(1)(d) will be subject
to a monthly review by an officer not below the rank of Secretary of the
Appropriate Government.
o
This ensures that such actions remain necessary,
proportionate, and consistent with law.
4.
Balance of Rights and Responsibilities:
o
The amendments strike a balance between the constitutional
rights of citizens and the legitimate regulatory powers of the State,
ensuring that enforcement actions are transparent and do not lead to arbitrary restrictions.
Expected Impact
·
Transparency & Accountability: Clear guidelines
on who can issue directions and how, with periodic review, ensures checks and balances.
·
Clarity for Intermediaries: By mandating
detailed and reasoned intimations, intermediaries will have better guidance to act
in compliance with law.
·
Safeguards and Proportionality: The reforms ensure
proportionality and uphold the principles of natural justice while reinforcing lawful
restrictions under the IT Act, 2000.
For details, please
refer to the Gazette Notification and the consolidated IT Rules, 2021 as amended
up to October 2025, available on https://egazette.gov.in : / the MeitY website: https://www.meity.gov.in/