In a landmark step toward ensuring transparency, accountability, and proportionality in India’s digital governance framework, the Ministry of Electronics and Information Technology (MeitY) has notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2025. These amendments, focusing on Rule 3(1)(d) of the IT Rules, 2021, introduce a new framework to make the removal of unlawful online content more transparent, reasoned, and legally robust. The amended rules will come into effect on 15th November 2025.
Background: Strengthening India’s Digital Governance Framework
The IT Rules, 2021, first notified on 25th February 2021 and subsequently amended in October 2022 and April 2023, form the foundation of India’s digital regulation system. These rules impose due diligence obligations on intermediaries—including social media platforms, online marketplaces, and digital media entities—to ensure user safety and responsible online conduct.
Under Rule 3(1)(d), intermediaries are required to remove or disable access to unlawful information once they receive “actual knowledge” through either a court order or a notification from the Appropriate Government.
However, after careful review, MeitY identified the need for greater procedural clarity, senior-level accountability, and regular oversight to ensure that directions to remove content are lawful, necessary, and proportionate. The 2025 amendments address these concerns comprehensively.
Key Provisions of the Amendment
1. Senior-Level Authorisation
To prevent misuse or arbitrary action, only senior officers are now empowered to issue directions for content removal.
- For government authorities, the officer must be not below the rank of Joint Secretary (or equivalent).
- For police authorities, only a Deputy Inspector General of Police (DIG), specially authorised, can issue such directions.
This ensures that every takedown request carries institutional responsibility at a high level.
2. Reasoned Intimation with Specific Details
Instead of generic notifications, intermediaries will now receive “reasoned intimations” that include:
- The legal basis and statutory provision for the request;
- The nature of the unlawful act; and
- The specific URL, identifier, or electronic location of the content to be removed.
This precise and transparent format aligns with Section 79(3)(b) of the IT Act, 2000, and ensures clarity in compliance.
3. Periodic Review Mechanism
Every direction issued under Rule 3(1)(d) will undergo a monthly review by an officer not below the rank of Secretary in the Appropriate Government.
This layer of oversight ensures that content removal actions remain necessary, proportionate, and consistent with legal principles.
4. Balancing Rights and Responsibilities
The amendments reinforce the balance between citizens’ constitutional rights—especially freedom of speech—and the legitimate powers of the State. They promote a rule-based digital environment while preventing arbitrary or disproportionate takedown requests.
Expected Impact
The 2025 IT Rule amendments are a progressive reform toward responsible digital governance:
- Enhanced Transparency and Accountability: Senior-level authorisation and reasoned orders introduce clear checks and balances.
- Improved Clarity for Intermediaries: Platforms will now have explicit legal references and details for compliance.
- Safeguards and Proportionality: Monthly reviews and procedural rigor protect against arbitrary censorship while upholding lawful content regulation.
Conclusion
As India continues to lead global conversations on digital trust and accountability, these amendments reaffirm the government’s commitment to a safe, transparent, and rights-based digital ecosystem. By embedding due process, senior oversight, and proportionality into the IT Rules, MeitY has strengthened the foundations of digital democracy in the spirit of Azadi Ka Amrit Mahotsav.