India's New IT Rules: How 2025 Amendments Boost Transparency and Accountability

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 take effect on November 15, 2025.

The IT Rules, 2021, were initially notified on February 25, 2021, and subsequently amended on October 28, 2022, and April 6, 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 accountability, precise specification of unlawful content, and periodic review of government directions at a higher level.

Key features of the amendments:

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 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.

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.

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.

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.

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, ensure checks and balances.Clarity for intermediaries: By mandating detailed and reasoned interpretations, intermediaries will have better guidance to act in compliance with the law.

Safeguards and proportionality: The reforms ensure proportionality and uphold the principles of natural justice while reinforcing lawful restrictions under the IT Act, 2000.

- ANI