Online platforms have been reminded to tighten content checks as the government flags gaps in compliance with existing digital laws.
The Ministry of Electronics and Information Technology issued a fresh advisory on Monday, asking social media and other online platforms to ensure that obscene and unlawful content is not posted and is removed without delay. The advisory does not introduce new laws or penalties but stresses that platforms are not fully complying with rules linked to “decency and obscenity.” The ministry warned that continued non compliance could lead to legal action against intermediaries, platform owners, and users.
In the advisory accessed by a technology publication, MeitY said that adherence to content moderation rules under the Information Technology Act 2000 and the Information Technology Intermediary Guidelines and Digital Media Ethics Code Rules 2021 has not been satisfactory.
The ministry noted that it has received information about “certain categories of content circulating on social media and other intermediary platforms” that may violate the law. These concerns emerged through public discussions, representations from stakeholders, and observations made by courts.
“Such instances have given rise to concerns among different sections of society regarding the responsible use of digital platforms and the need for continued adherence to the constitutional framework governing freedom of speech and expression, which is subject to reasonable restrictions under law. These concerns have also been reflected in discussions in Parliament and proceedings before courts,” the advisory stated.
MeitY clarified that content moderation includes identifying, reporting, and quickly removing obscene, indecent, vulgar, pornographic, paedophilic, harmful to children, or otherwise unlawful content, as defined under existing laws. It reminded intermediaries that they are legally bound under Section 79 of the IT Act, read with Rules 3 and 4 of the IT Rules 2021.
Special focus was placed on Rule 3(1)(b), which requires platforms to make reasonable efforts to prevent users from hosting or sharing unlawful or obscene material. Platforms must also remove or disable access to such content in a time bound manner after receiving court orders or official government notices.
The advisory also highlighted that content showing an individual in a sexual act or impersonation must be taken down within 24 hours of receiving a complaint from the affected person or their representative.
MeitY warned that failure to comply would result in the loss of liability protection under Section 79 of the IT Act, along with possible action under the IT Act and the Bharatiya Nyaya Sanhita 2023. The ministry urged platforms to immediately review their compliance systems and content moderation practices.
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