The Modi government has cautioned social media platforms that strict action may be taken if they fail to curb obscene or unlawful content on their services.
In an advisory issued on December 29, the Ministry of Electronics and Information Technology (MeitY) highlighted the need for greater consistency and effectiveness in identifying and removing unlawful material. The ministry reminded social media intermediaries that they are legally bound to follow due diligence requirements under the Information Technology Act and the Information Technology Rules, 2021.
The advisory follows MeitY’s observation that several platforms have not been adequately addressing the spread of obscene, vulgar, inappropriate, or illegal content. The government urged platforms to make reasonable efforts to ensure that users do not host, upload, publish, transmit, or share content that is obscene, pornographic, paedophilic, harmful to children, or otherwise unlawful.
Reiterating the consequences of non-compliance, the ministry warned that failure to adhere to the IT Act and the 2021 Rules could lead to action, including prosecution under the IT Act, the Bharatiya Nyaya Sanhita (BNS), and other applicable criminal laws, against intermediaries, platforms, and even users.
The advisory also stressed that large social media platforms are required to deploy technology-based tools to proactively prevent the hosting and spread of unlawful content, instead of relying only on user complaints or after-the-fact removals.
Under the IT Rules, 2021, intermediaries are mandated to remove or disable access to content that is prima facie sexual in nature, including impersonation, within 24 hours of receiving a complaint from the affected individual or someone acting on their behalf.
