The IT Ministry has amended the IT Rules to streamline content takedown procedures and introduce greater transparency, clarity, and precision in enforcement actions. Under the new stipulations, any intimation to social media platforms for the removal of "unlawful information" can only be issued by senior officials and must specify precise details and reasons.
Furthermore, 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 is designed 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.
How can pass takedown orders under amended IT rules
IT Minister Ashwini Vaishnaw told mediapersons, "On the Rule 3(1)(d)...accountability of the Government increases with this change and we will be giving a reasoned intimation whenever any such order is passed. The orders will be passed at a fairly senior level, Joint Secretary and above, DIG and above".
The IT Ministry has announced that they are updating some rules to make it easier to manage online content. These updates are designed to clarify the process, hold people accountable, and offer better protection for users. Recently, a review found that there needed to be more careful checks to hold higher officials responsible, clearly define what content is considered illegal, and ensure that government orders are reviewed regularly.
As a result, only senior officials will now have the power to request the removal of online content.
For government authorities: Specifically, this can only be done by someone at least at the level of Joint Secretary, or a Director if a Joint Secretary is not available.This officer may act through a single corresponding officer in an authorised agency.
For police authorities: Only an officer not below the rank of Deputy Inspector General of Police (DIG), who is specially authorised, can issue such intimation.
The amendments also strictly require that the intimation specify clear reasons and details. The IT Ministry stated: "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 content to be removed".
Why this amendment was necessary
The Ministry thinks that the new changes strike a good balance between protecting people's rights and allowing the government to do its job properly. They want to ensure that any decisions made by officials are straightforward and just.The new rules require officials to provide detailed reasons for their decisions and to regularly review these actions, promoting transparency, accountability, and fairness in the process.
According to the Ministry, "By requiring detailed explanations, intermediaries will have clearer guidance to follow the law," all while upholding the necessary legal restrictions outlined in the IT Act of 2000.
