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The Ministry of Electronics and Information Technology (MeitY) has notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2025, specifically amending Rule 3(1)(d) of the IT Rules, 2021, to enhance transparency, accountability, and safeguards in the process of unlawful content removal by online intermediaries. Effective from November 15, 2025, the new framework mandates that any intimation for content removal must be issued by a senior officer—not below the rank of Joint Secretary or Deputy Inspector General of Police (DIG)—to ensure senior-level authorization. Furthermore, the amendment replaces broad ‘notifications’ with the requirement for reasoned intimation, which must clearly specify the legal basis, statutory provision, the nature of the unlawful act, and the specific URL or identifier of the content. Crucially, the amendments introduce a monthly review mechanism by an officer not below the rank of Secretary to ensure that all content removal actions remain necessary, proportionate, and lawful. These changes aim to balance citizens’ constitutional rights with the State’s regulatory powers, providing clear guidelines for intermediaries and preventing arbitrary restrictions.

Ministry of Electronics & IT

Government notifies amendments to Rule 3(1)(d) of the IT Rules, 2021 to enhance transparency, accountability and safeguards

New Framework Ensures Senior-Level Authorisation, Reasoned Intimations, and Periodic Review for Proportionate and Lawful Action

Amendments Reinforce Transparency, Proportionality and Accountability in the Removal of Unlawful Online Content by Intermediaries

Posted On: 23 OCT 2025 11:36AM by PIB Delhi

The Ministry of Electronics and Information Technology (MeitY) has notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2025 to amend the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IT Rules, 2021”). These amendments strengthen the framework of due diligence obligations of intermediaries under the Information Technology Act, 2000 (“IT Act”). Specifically, the amendments to Rule 3(1)(d) introduce additional safeguards to ensure that removal of unlawful content by intermediaries is carried out in a transparent, proportionate and accountable manner. The amended Rules will come into effect from 15th November, 2025.

Background

The IT Rules, 2021 were originally notified on 25th February, 2021 and subsequently amended on 28th October, 2022 and 6th April, 2023. They prescribe due diligence obligations on intermediaries, including social media intermediaries, with the objective of ensuring online safety, security and accountability.

Under Rule 3(1)(d), intermediaries are required to remove unlawful information upon receiving actual knowledge either through a court order or notification from the Appropriate Government.

The review undertaken by MeitY highlighted the need for additional safeguards to ensure senior-level accountabilityprecise specification of unlawful content, and periodic review of government directions at higher level.

Key Features of the Amendments

1. Senior-level Authorisation:

    • Any intimation to intermediaries for removal of unlawful information can now only be issued by a senior officer not below the rank of Joint Secretary, or equivalentor, where such rank is not appointed, a Director or an officer equivalent in rank—and, where so authorised, acting through a single corresponding officer in its authorised agency, where such agency is so appointed.
    • In case of police authorities, only an officer not below the rank of Deputy Inspector General of Police (DIG), specially authorised, can issue such intimation.

2. Reasoned Intimation with Specific Details:

    • The intimation must clearly specify the legal basis and statutory provision, the nature of the unlawful act, and the specific URL/identifier or other electronic location of the information, data or communication link (“content”) to be removed.
    • This replaces the earlier broad reference to ‘notifications’ with ‘reasoned intimation’ to align the Rules with the requirement of ‘actual knowledge’ as mandated under section 79(3)(b) of the IT Act, bringing clarity and precision.

3. Periodic Review Mechanism:

    • All intimations issued under Rule 3(1)(d) will be subject to a monthly review by an officer not below the rank of Secretary of the Appropriate Government.
    • This ensures that such actions remain necessary, proportionate, and consistent with law.

4. Balance of Rights and Responsibilities:

    • The amendments strike a balance between the constitutional rights of citizens and the legitimate regulatory powers of the State, ensuring that enforcement actions are transparent and do not lead to arbitrary restrictions.

Expected Impact

  • Transparency & Accountability: Clear guidelines on who can issue directions and how, with periodic review, ensures checks and balances.
  • Clarity for Intermediaries: By mandating detailed and reasoned intimations, intermediaries will have better guidance to act in compliance with law.
  • Safeguards and Proportionality: The reforms ensure proportionality and uphold the principles of natural justice while reinforcing lawful restrictions under the IT Act, 2000.

For details, please refer to the Gazette Notification and the consolidated IT Rules, 2021 as amended up to October 2025, available on https://egazette.gov.in : / the MeitY website: https://www.meity.gov.in/

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