On 22-10-2025, the Ministry of Electronics and Information Technology notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2025 to amend the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The provisions will come into force on 15-11-2025.
Key Points of the amendment in the provisions relating to “Due Diligence by an intermediary”:
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Objectives-
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To address the growing risks of synthetically generated information- deepfakes, AI- generated content.
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To strengthen due diligence and accountability obligations for intermediaries, especially social media platforms.
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To promote an open, safe, trusted, and accountable internet.
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According to the revised provision if an intermediary, on whose computer resource the information which is used to commit an unlawful act which is prohibited under law is hosted, displayed, published, transmitted or stored will have to remove or disable access to such information within 36 hours of the receipt of the actual knowledge.
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List of the unlawful acts- any act that will be hamper:
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the interest of the sovereignty and integrity of India;
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security of the State;
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friendly relations with foreign States;
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public order;
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decency or morality;
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in relation to contempt of court;
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defamation;
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incitement to an offence.
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Actual knowledge will arise only in the following manner-
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By an order of a court of competent jurisdiction; or
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By a reasoned decree in writing.
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Actual knowledge by a reasoned decree in writing-
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Can be issued by an officer authorized for the purpose of issuing such intimation by the Appropriate Government or its agency;
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Such officer cannot be below the rank of Joint Secretary or an officer equivalent in rank or where an officer at such rank is not appointed, a Director or an officer equivalent in rank, to the Government of India or to the State Government, as;
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The decree should clearly specify the legal basis and statutory provision invoked, the nature of the unlawful act, and the specific uniform resource locator, identifier or other electronic location of the information, data or communication link required to be removed or disabled.
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All takedown orders will be subject to monthly review by a secretary-level officer to ensure proportionality and legality.
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