MeitY revises intermediary obligations under IT Rules, 2021; Intermediaries must remove content only on court orders or reasoned officer intimations, with clear legal basis

The Ministry of Electronics and Information Technology (“MeitY”) has notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2025 (“Amendment”). The Amendment revises the framework governing how intermediaries are required to act upon receiving knowledge of unlawful information hosted or transmitted on their platforms. The Amendment will come into force on 15th November 2025.

Key Highlights:

1. Earlier, intermediaries were deemed to have actual knowledge upon receiving an order from a court or a notification from the Appropriate Government or its agency. Under the Amendment, actual knowledge will arise only upon –
   • an order of a court, or
   • a reasoned written intimation from an authorised officer.
2. The amended rule applies to information violating existing laws concerning:
   • Sovereignty and integrity of India
   • Security of the State
   • Friendly relations with foreign States
   • Public order, decency, or morality
   • Contempt of court, defamation, or incitement to offences
3. Previously, the Rules did not prescribe any rank or qualification for officers issuing takedown notifications. Under the amended provision, such intimation must now be issued by an officer not below the rank of Joint Secretary (or equivalent) in the Appropriate Government, or by a Deputy Inspector General of Police (or above) where issued by the police administration.
4. Earlier, no specific details were mandated to be included in government or agency notifications. Now, each written intimation must clearly specify:
   • The legal basis and statutory provisions invoked
   • The nature of the unlawful act
   • The specific URL, identifier, or electronic location of the information to be removed or disabled
5. Previously, there was no requirement for review of takedown orders or notifications. The Amendment now mandates that all such intimations be subject to a monthly review by an officer not below the rank of Secretary in the concerned Appropriate Government to ensure actions are necessary, proportionate, and legally consistent as per Section 79(3)(b) of the IT Act, 2000.
6. Earlier, intermediaries were required to remove or disable access to unlawful information within 36 hours of receiving a court order or government notification. The 36 hour timeline continues under the Amendment but now applies only upon receipt of actual knowledge of such content as defined under the revised provision.

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Source: Ministry of Electronics and Information Technology