Government warns social media platforms of strict action over obscene, unlawful content

New Delhi: The Centre has warned social media platforms of action if they fail to act against obscene or unlawful content.

In an advisory dated December 29, the Ministry of Electronics and IT (MeiTY) asked social media firms the need for greater consistency in identifying and removing unlawful content.

The ministry also reminded social media intermediaries that they are statutorily obligated to observe due diligence under the Information Technology Act and the Information Technology Rules 2021.

The advisory comes after MeiTY observed that the platforms have not been strictly acting on obscene, vulgar, inappropriate, and unlawful content.

The Centre urged platforms to make reasonable efforts to ensure that users of their computer resources do not host, display, upload, modify, publish, transmit, store, update or share any information that is obscene, pornographic, paedophilic, harmful to children, or otherwise unlawful.

"It is reiterated that non-compliance with the provisions of the IT Act and/or the IT Rules, 2021 may result in consequences, including prosecution under the IT Act, BNS, and other applicable criminal laws, against the intermediaries, platforms and their users," the advisory said.

It also emphasised that large social media platforms are required to deploy technology-based measures to proactively prevent the hosting and dissemination of unlawful content, rather than relying solely on user complaints or post-facto takedowns.

The IT Rules 2021 mandate that intermediaries shall remove or disable access to any content that is prima facie in the nature of material depicting an individual in any sexual act or conduct, or any impersonation thereof, within 24 hours of receipt of a complaint from the affected individual or any person on such individual's behalf.