Centre changes IT Rules on social media content takedown requests, allows only senior officials to issues orders

As per new rules, only top officials with rank of joint secretary or higher and police officials who are serving as DIG or above can issue content takedown orders.

New Delhi: To bring transparency and streamline the system in social media content take down procedures, the Union Ministry of Electronics and Information Technology has said that only senior officials can issue order removal of unlawful information.

As per the amended IT rules that come into effect from November 15, only top officials with the rank of joint secretary or higher and police officials who are serving as the Deputy Inspector General or above can issue content takedown orders.

The new rules also required that concerned authorities have to intimate to social media companies by specifying the reasons for issuing removal of content.

Elon Musk’s  social media platform X (formerly Twitter) is in a legal battle with the IT Ministry on the content removal issue. The X earlier alleged that the government authorities ‘policing’ the internet by allowing thousands of officials to issue takedown orders. 

Twitter's petition in court also alleged that police inspectors were issuing directions to the micro blogging site to remove contents.

Insisting that it made changes in the  IT rules on takedown, the IT ministry said that this was  to streamline content takedown procedures and bring transparency, clarity and precision in actions.

As per the ministry guidelines, 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.

Further, all intimations on content removal 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, to ensure that such actions remain "necessary, proportionate, and consistent with law".

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, IT Minister Ashwini Vaishnaw told mediapersons.

A review undertaken by the IT ministry had highlighted the need for additional safeguards and checks and balances to ensure senior-level accountability, precise specification of unlawful content, and periodic review of government directions at higher level.

"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," the IT ministry said.