The government has issued a fresh advisory to social media platforms and other online intermediaries, asking them to be stricter in taking down obscene, vulgar, pornographic and other illegal content from their platforms.
In the advisory dated December 29, the Ministry of Electronics and Information Technology (MeitY) said it has repeatedly received complaints from the public, stakeholders and even courts that certain content circulating online does not comply with laws on decency and obscenity.
“These concerns have also been reflected in discussions in Parliament and proceedings before courts. In respect of certain specific instances brought to notice, the matter has also been referred to the appropriate law enforcement authorities for action in accordance with law,” the MeitY said in the advisory, seen by HT.
Against this backdrop, the ministry said there is a need for “greater consistency and rigour” in how platforms follow their due diligence obligations, especially when it comes to spotting and quickly removing content that is obscene, sexually explicit, paedophilic, harmful to children or otherwise unlawful.
MeitY reminded intermediaries that their legal (safe harbour) protection under Section 79 of the Information Technology Act depends on following these rules. Under the IT Rules, 2021, platforms are required to make “reasonable efforts” to ensure that users do not upload or share content that is obscene, pornographic or illegal. They are also expected to act expeditiously to remove such content once they receive court orders or government notices, and to do so within the timelines set under the rules.
{{/usCountry}}MeitY reminded intermediaries that their legal (safe harbour) protection under Section 79 of the Information Technology Act depends on following these rules. Under the IT Rules, 2021, platforms are required to make “reasonable efforts” to ensure that users do not upload or share content that is obscene, pornographic or illegal. They are also expected to act expeditiously to remove such content once they receive court orders or government notices, and to do so within the timelines set under the rules.
{{/usCountry}}A senior official at MeitY said that there has been a “general feeling that obscene content had increased and SSMIs [significant social media intermediaries] aren’t doing enough to control”.
MeitY also asked platforms to ensure that users have easy access to reporting and grievance redressal systems. Large social media platforms, in particular, have been told to use automated and technology-based tools to proactively prevent such content from spreading and to ensure faster takedowns.
The advisory also flags the 24-hour takedown rule for intimate content. Platforms must remove or disable access to material that is “prima facie” sexual in nature, including impersonation, within 24 hours of receiving a complaint from the affected person or someone acting on their behalf.
The ministry also reminded intermediaries that hosting or sharing such content can attract penalties under several laws, including the IT Act, the Indecent Representation of Women (Prohibition) Act and the Protection of Children from Sexual Offences Act. It advised platforms to immediately review their content moderation systems and compliance processes, warning that non-compliance could lead to prosecution of platforms, intermediaries and even users under criminal law.
It is not clear whether the ministry issued the advisory following a particular incident. Officials at MeitY were not reachable for comment.