MeitY has reminded online platforms of their statutory obligation to prevent the posting of obscene and unlawful content.
MeitY said non-compliance will lead to legal action against intermediaries, platforms, and users
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The Ministry of Electronics and Information Technology (MeitY) issued a fresh advisory on Monday to online platforms, including social media platforms, reminding them to ensure that obscene and unlawful content is not posted and to remove it promptly. The notification does not introduce any new laws or repercussions for intermediaries, but highlights that online platforms are not diligently ensuring compliance with laws relating to “decency and obscenity.” The ministry also warned that if non-compliance continues, there might be legal ramifications for intermediaries, platform owners, and users.
In an advisory viewed by Gadgets 360, MeitY told intermediaries, including social media intermediaries, that their adherence to content moderation as prescribed under the Information Technology Act, 2000 (IT Act) and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021) has not been up to the mark.
The notification mentions that the ministry has received information that “certain categories of content circulating on social media and other intermediary platforms” might not be in compliance with the concerned law. This was flagged to MeitY during public discourse, representations from stakeholders, and judicial observations.
“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.
Notably, moderation refers to the identification, reporting, and prompt removal of obscene, indecent, vulgar, pornographic, paedophilic, harmful to children, or otherwise unlawful content, as per the IT Act and the IT Rules, 2021. MeitY reminded intermediaries that they are statutorily obligated under section 79 of the IT Act, read with Rules 3 and 4 of the IT Rules, 2021.
In particular, the advisory focused on Rule 3(1)(b) of the IT Rules, 2021, which requires intermediaries to make reasonable efforts to ensure that users of their platform do not host, display, upload, modify, publish, transmit, store, update or share obscene and unlawful information. Additionally, MeitY said that these designated intermediaries are required to expedite the removal or disablement of access to unlawful content once notified via court orders or reasoned intimation from the appropriate Government or its authorised agency, in a time-bound manner.
The intermediaries are also required to remove or disable access to any content which depicts an individual in any sexual act or conduct, or an impersonation of them participating in such acts, within the next 24 hours after receiving a complaint from the affected individual or an individual making the complaint on behalf of the affected individual.
As per the notification, if intermediaries fail to comply with their statutory obligation, they and the concerned online platform will lose the exemption from liability under section 79 of the IT Act. The intermediaries will also be liable for consequential action as provided under the IT Act and the Bharatiya Nyaya Sanhita, 2023 (BNS).
To avoid such consequences, MeitY advises online platforms and social media companies to undertake an immediate review of their internal compliance frameworks, content moderation practices, and user enforcement mechanisms to ensure that the platforms are compliant with the IT Act and the IT Rules, 2021.
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