The Center on October 23 announced changes in Rule 3(1)(d) of the IT Rules, 2021, “to enhance transparency, accountability and safeguards”, the Ministry of Electronics and IT (MeitY) said in a release.
He added that the new framework, which is due to come into force from November 15, 2025, ensures “higher-level authorization, justification and regular review of reasonable and lawful measures”.
The amendments, titled the “Information Technology Amendments (Instructions for Intermediaries and Digital Media Code of Ethics) Rules 2025”, seek to “enhance transparency, proportionality and accountability in the removal of illegal online content by intermediaries”, the ministry said.
What are the rules of IT, 2021?
The Information Technology (Guidelines for Intermediaries and Digital Media Code of Conduct) Rules 2021 or IT Rules 2021 prescribes due diligence obligations for intermediaries, including social media intermediaries, to ensure online safety, security and accountability, the statement said.
First announced on February 25, 2021, then amended on October 28, 2022, and again on April 6, 2023.
What rule is changing?
Under Rule 3(1)(d), intermediaries are required to remove illegal information after they acquire actual knowledge either through a court order or notice from the appropriate government.
The ministry said its review “highlighted the need for additional safeguards” to ensure accountability at a higher level, precise specification of illegal content and regular review of government guidance at a higher level.
Key Features of Supplements
- Higher level permissions: Any exhortation to intermediaries to remove illegal information can now only be issued by a senior officer not below the rank of Joint Secretary or equivalent rank, or where no such rank is appointed, by a Director or officer of equivalent rank – and where authorized, acting through a single appropriate officer in his authorized agency where such agency is so appointed.
In the case of police authorities, only an officer not below the rank of Deputy Inspector General of Police (DIG) with special authority can issue such notification.
- Reasoned communication with specific details: The notice must clearly specify the legal basis and statutory provision, the nature of the infringement, and the specific URL/identifier or other electronic location of the information, data or communication link (“content”) to be removed.
This replaces the former broad reference to “notice” with “reasonable notice” to bring the rules into line with the “actual knowledge” requirement as mandated under section 79(3)(a). b) of the IT Act, which brings clarity and precision.
- Periodic review mechanism: All notifications issued under rule 3(1)(d) shall be subject to monthly inspection by an officer not below the rank of Secretary to the Government concerned.
This ensures that such measures remain necessary, reasonable and lawful.
