Ministry : Ministry of Electronics and Information Technology (Not Applicable)

Part II-Section 3-Sub-Section (i)

Subject : Extra Ordinary

Overview [G.S.R. 775(E)]

This is an extraordinary gazette notification amending the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. It strengthens the regulatory framework governing intermediaries' handling of unlawful online content in India.

Key Points

• Effective Date: The amendments come into force on 15th November 2025.
• Core Requirement: Intermediaries must remove or disable access to unlawful information within 36 hours of receiving a valid legal intimation.
• Valid Intimation Sources: Includes court orders or written notices from authorized government officers (not below Joint Secretary rank or state equivalent).
• Notice Criteria: Intimations must specify the legal basis, nature of the unlawful act, and the specific URL or identifier of the content.
• Oversight Mechanism: Intimations are subject to monthly review by a senior officer to ensure they are necessary, proportionate, and consistent with law.
• Scope: Applies to content threatening sovereignty, integrity, security, public order, decency, or morality, including contempt of court and defamation.

Summary

G.S.R. 775(E) significantly tightens content moderation obligations for digital intermediaries in India by reducing the response time to takedown notices to 36 hours and formalizing the authorization hierarchy for issuing intimation notices. These rules, effective from November 2025, establish a stricter, more structured framework for removing unlawful online content, emphasizing procedural rigor and periodic oversight to balance enforcement with legal compliance.