- By Talibuddin Khan
- Thu, 23 Oct 2025 04:31 PM (IST)
- Source:JND
New IT Rules: The IT Ministry has decided to reduce the number of people who can order social media intermediaries to take down content from their platforms, if it is deemed "unlawful information" under Rule 3(1)(d) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. According to a notification issued late Wednesday, only senior officials can pass such orders and would require precise details and reasons to be specified.
According to the latest amendment, all such orders asking social media platforms to remove "unlawful" content can be passed by a senior officer, not below the rank of secretary of the appropriate government. In case of police authorities, only an officer not below the rank of DIG, specially authorised, can issue such intimation. The amendments also require intimation to specify reasons and details in such cases. The earlier rules did not contain such requirements.
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"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 equivalent, or, 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," the notification reads.
"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," it added.
The Musk Case:
The move came months after Elon Musk's X challenged the provisions of the IT Rules, 2021, regarding the removal of the content. The legal battle began after X flagged orders from police inspectors to remove cartoons and satirical posts. However, X lost the case, with the Karnataka High Court ruling that its challenge was without merit and the social media platform had to abide by local laws.
In its court challenge, X argued that the content-removal policy was illegal and unconstitutional, adding that it trampled upon free speech by allowing scores of government agencies and thousands of police to suppress legitimate criticism of public officials. However, India denied all charges and said that the rules aim to curb a proliferation of illegal content and ensure accountability online.
In July, X's counsel said in court that every "Tom, Dick, and Harry" in India was illegally issuing takedown orders. The change in rules will become effective on November 15. "The process of challenging these takedown orders remains onerous and inverts the burden of proof on the user whose content is taken down, curbing free speech," said the lawyer, as quoted by Reuters.