The Ministry of Electronics and Information Technology (MeitY) has issued the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2025, which update the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, specifically Rule 3(1)(d). These 2025 Rules, which will come into effect from November 15, 2025, aim to strengthen procedural safeguards related to the removal of illegal online content. According to Rule 3(1)(d) of the Information Technology Rules, 2021, internet intermediaries are required to remove or block access to illegal content upon receiving an order or notification from the government. This process operates in conjunction with Section 79(3)(b) of the Information Technology Act, 2000, which provides a safe harbor for intermediaries in case of failure to take action after receiving “actual information.” It removes the safe-harbor protection and Section 69A, which empowers the central government to block public access to online information if necessary for national security, sovereignty, or public order.

Key Features of the IT Amendment Rules, 2025

¨     Key Features of the 2025 Amendment Rules: It introduces new safeguards under Rule 3(1)(d) of the IT Rules, 2021 to ensure transparency, accountability, and fairness in the process and to provide more precise, actionable notices for content removal.

¨     Senior-Level Authority: Only senior officers {not less than a Joint Secretary-level officer (or equivalent/Director if Joint Secretary is not appointed)} can issue takedown orders, and for the police, only a specially authorized Deputy Inspector General of Police (DIG)-level officer can issue orders.

¨     Reasonable and specific notice: Takedown orders must clearly state the legal basis, the nature of the violation, and the exact link/identifier of the content. This eliminates vague notices and is in accordance with Section 79(3)(b) of the IT Act.

¨     Monthly review: All takedown orders will be reviewed monthly by a Secretary-level officer to ensure they remain necessary, proportionate, and lawful.

Significance

¨     This amendment strikes a balance between citizens' constitutional rights and the state's legitimate regulatory powers, ensuring that enforcement actions are transparent and avoid arbitrary restrictions.

¨     They also provide clear guidance to intermediaries through detailed and reasoned orders, helping them comply with the law.

¨     These reforms promote proportionate action and uphold natural justice, while also strengthening the lawful sanctions under the IT Act, 2000.

Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021

¨     Introduction: The IT Rules, 2021 were notified by the Ministry of Electronics and Information Technology (MeitY) in 2021 and subsequently amended in 2022 and 2023. These rules emerge from continuous dialogue with the public and various stakeholders, with the aim of strengthening digital governance.

¨     Obligations on Intermediaries: Under these rules, intermediaries are obligated not to host, share, upload, or transmit any prohibited content. This includes misleading information, patently false information, impersonations, and deepfakes.

¨     User Grievance Mechanism: Users can submit complaints of illegal content to the Grievance Officer of the respective platform. Upon receipt of a complaint, the intermediary is required to take prompt action within the timelines prescribed in the Information Technology Rules, 2021 (IT Rules, 2021). The GAC hears appeals from users (digital citizens) who are dissatisfied with the decision of the Grievance Officer.

¨     Advisories: MeitY periodically issues advisories under the IT Rules, 2021 to ensure that platforms comply with the regulations while using AI models, LLM, generative AI tools or related software.