The Ministry of Electronics and Information Technology (MeitY) has notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2025, through G.S.R. 775(E), published in the Gazette of India Extraordinary, Part II, Section 3, Sub-section (i) on 22nd October, 2025. The amendment, issued under Section 87(1) and clauses (z) and (zg) of sub-section (2) of the Information Technology Act, 2000, further refines the obligations of intermediaries—such as social media platforms, digital publishers, and online service providers—in handling unlawful content.
These amended Rules will come into force on 15th November, 2025.
Key Amendment in Rule 3(1)(d)
The core change introduced through this notification lies in the replacement of clause (d) under Rule 3(1) of the IT Rules, 2021. The amendment strengthens the process through which intermediaries must act upon “actual knowledge” of unlawful or prohibited content hosted or transmitted through their platforms.
Under the new clause, an intermediary must remove or disable access to information used to commit an unlawful act—such as one affecting India’s sovereignty and integrity, state security, foreign relations, public order, decency or morality, or constituting contempt of court, defamation, or incitement to an offence—within 36 hours of receiving actual knowledge.
Importantly, “actual knowledge” will now arise only through two legitimate and clearly defined channels:
- An order of a competent court, or
- A written, reasoned intimation issued by an officer authorised by the Appropriate Government (Central or State) — not below the rank of Joint Secretary (or equivalent).
Where the police administration is concerned, only an officer not below the rank of Deputy Inspector General (DIG), specifically authorised by the government, may issue such an intimation.
Safeguards and Oversight
To ensure accountability and prevent arbitrary action, the amendment mandates that all such governmental intimations must undergo periodic review. A Secretary-level officer of the concerned government will conduct a monthly review to verify that takedown orders are necessary, proportionate, and consistent with the provisions of Section 79(3)(b) of the IT Act and the amended clause.
Additionally, each written intimation must clearly specify:
- The legal basis and statutory provision invoked,
- The nature of the unlawful act, and
- The precise URL, identifier, or electronic location of the information or communication link to be removed or disabled.
This ensures transparency and precision in content takedown requests, thereby minimizing overreach and ambiguity.
Broader Context and Impact
The 2025 amendment builds upon the earlier frameworks introduced under the original 2021 Rules, and their subsequent amendments in October 2022 and April 2023. Together, these reforms are part of the Government’s continued effort to balance freedom of expression with accountability in the digital space.
By introducing clearer procedures, higher authorisation levels, and review mechanisms, the amendment reinforces due process, protects user rights, and promotes a trust-based digital environment in India.
As India’s digital ecosystem expands rapidly, this step underscores the government’s commitment to ensuring that online platforms remain safe, responsible, and transparent, while safeguarding democratic values and rule of law.