Centre amends IT Rules to allow only senior officials to issue content takedown orders

The Union government on Wednesday amended the 2021 Information Technology Rules to define the authorities that can seek the removal of content posted online.

The earlier version of the rules said that any “appropriate government or its agency” can direct social media platforms to take down content.

The amended rules say that social media platforms can be directed to remove content or block its access through an order of a court of competent jurisdiction or through an intimation by a government official not below the rank of joint secretary or director.

If the take-down notice is from the police, it must be issued by an officer not below the rank of deputy inspector general.

Additionally, the Union government mandated that such notices have to be “a reasoned intimation, in writing”.

In March, social media company X moved Karnataka High Court challenging the way the Centre and the state governments were issuing orders to take down or block content posted on its platform under Section 79 of the Information Technology Act.

Digipub, an association of independent news organisations and journalists, had also moved the court supporting the plea by X.

The company in its plea had argued that the notices for removal of content often “lacked proper reasoning” and are also procedurally not compliant with the...

Read more