New Delhi: The Union government on Wednesday amended the 2021 Information Technology Rules to define the authorities authorised to issue orders for removing online content.
Under the earlier rules, any “appropriate government or its agency” could direct social media platforms to take down content. The amended rules now specify that such directions can be issued only through a court order of competent jurisdiction or by a government official not below the rank of joint secretary or director.
If the takedown notice comes from the police, it must be issued by an officer not below the rank of deputy inspector general. Additionally, all notices must be a reasoned intimation in writing.
The amendment introduces a monthly review mechanism, requiring the Centre and state governments to appoint an official not below the rank of secretary to review the notices and ensure they are “necessary, proportionate, and consistent with the IT Act.”
The rules also mandate that takedown notices clearly specify the legal basis, statutory provisions invoked, the nature of the unlawful act, and the specific URL, identifier, or electronic location of the information to be removed or disabled. Social media platforms are required to comply with a takedown notice within 36 hours of receiving a court order or government notification under Rule 3(1)(d).
In March, social media company X had challenged the way the Centre and state governments issued takedown orders under Section 79 of the Information Technology Act, arguing that notices often “lacked proper reasoning” and were procedurally non-compliant. Digipub, an association of independent news organisations and journalists, had supported X’s plea. The Karnataka High Court dismissed X’s petition in September, stating that platforms cannot have anarchic freedom. X is preparing to challenge the ruling in the Supreme Court.
The government’s amendment also drew criticism from advocacy group Internet Freedom Foundation (IFF), which said the new rules “entrench opacity and weaken procedural safeguards.” IFF argued that the rules grant more government departments direct authority to issue takedown orders, effectively making them the “primary censorship tool.”
“The design of the rules—procedurally simpler, faster, and routed through online platforms, while lacking hearings, independent committee review, or public disclosure—will likely inflate takedown requests and lower the threshold required to issue such decisions,” the IFF statement said. The organisation warned that the amendments could aggravate over-removal and create a chilling effect on free expression.
The new rules have been notified directly in the Gazette and will come into effect on November 15, without a draft being placed for public comment. IFF noted this approach departs from the Union Government’s Pre-Legislative Consultation Policy of 2014, which requires ministries to publish draft rules for at least 30 days along with an explanatory note.