On 29-12-2025, the Ministry of Electronics and Information Technology (‘MeitY’) has issued an advisory to all intermediaries including social media platforms, prohibiting hosting, uploading, sharing, or transmission of obscene, pornographic, vulgar, indecent, sexually explicit, or paedophilic content, as well as material harmful to children or otherwise unlawful under prevailing statutes.
Key Advisory on unlawful online content:
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This advisory is issued under the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (‘IT Rules, 2021’).
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MeitY has noted in the advisory that there has been an increase in circulation of indecent and obscene content over social media platforms and other intermediary platforms, a matter highlighted in judicial observations, parliamentary discussions, and law enforcement authorities.
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The advisory emphasizes that such unlawful online content undermines responsible use of digital platforms and requires strict compliance with constitutional and legal framework.
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Ministry has reminded that intermediaries are required under Rule 3(1)(d) of IT Rules to remove or disable unlawful online content upon receipt of actual knowledge through court orders or reasoned intimation from the Government or its authorized agency, strictly within the timelines prescribed.
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The social platforms should not permit hosting, publication, or sharing of obscene, sexually explicit, paedophilic, or otherwise prohibited material.
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These provisions lay down the statutory due diligence obligations for intermediaries to retain safe harbour protection under Section 79 of the IT Act. Failure to comply will result in loss of safe harbour protection and liability under the IT Act and the Bharatiya Nyaya Sanhita (‘BNS’), 2023.
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All intermediaries are directed to deploy accessible reporting and grievance redressal systems.
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Significant social media intermediaries are additionally required to use technology-based measures, including automated tools, to proactively prevent dissemination of unlawful content.
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Under Rule 3(2)(b), intermediaries are required to remove content depicting sexual acts or impersonation within 24 hours of a complaint filed by the affected individual or their representative.
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Intermediaries are also advised to immediately review their internal compliance frameworks, content moderation practices, and user enforcement mechanisms to ensure strict adherence to laws.
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Non-compliance will invite prosecution under the IT Act, the Bharatiya Nyaya Sanhita (‘BNS’), and other criminal laws, with liability extending to both intermediaries and users.
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Violations of this advisory are punishable under: