{"id":371533,"date":"2026-01-03T12:00:46","date_gmt":"2026-01-03T06:30:46","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=371533"},"modified":"2026-01-03T11:50:16","modified_gmt":"2026-01-03T06:20:16","slug":"meity-advisory-on-unlawful-online-content-intermediaries-and-social-media-platforms","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2026\/01\/03\/meity-advisory-on-unlawful-online-content-intermediaries-and-social-media-platforms\/","title":{"rendered":"MeitY Advisory to Social Media Platforms on Unlawful Online Content: Compliance Under IT Act & Rules"},"content":{"rendered":"
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On 29-12-2025, the Ministry of Electronics and Information Technology (‘MeitY<\/span>’) 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<\/span>, as well as material harmful to children or otherwise unlawful under prevailing statutes.<\/p>\n

Key Advisory on unlawful online content:<\/h3>\n
    \n
  1. \n

    This advisory is issued under the provisions of the Information Technology Act, 2000<\/a><\/span> and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021<\/a><\/span> (‘IT Rules, 2021’).<\/p>\n<\/li>\n

  2. \n

    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<\/span> enforcement authorities.<\/p>\n<\/li>\n

  3. \n

    The advisory emphasizes that such unlawful online content<\/span> undermines responsible use of digital platforms and requires strict compliance with constitutional and legal framework.<\/p>\n<\/li>\n

  4. \n

    Ministry has reminded that intermediaries are required under Rule 3(1)(d) of IT Rules<\/span> 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.<\/p>\n<\/li>\n

  5. \n

    The social platforms should not permit hosting, publication, or sharing of obscene, sexually explicit, paedophilic, or otherwise prohibited material.<\/p>\n<\/li>\n

  6. \n

    These provisions lay down the statutory due diligence obligations for intermediaries to retain safe harbour protection under Section 79<\/a> of the IT Act<\/a><\/span>. Failure to comply will result in loss of safe harbour protection and liability under the IT Act and the Bharatiya Nyaya Sanhita (‘BNS’), 2023<\/a>.<\/p>\n<\/li>\n

  7. \n

    All intermediaries are directed to deploy accessible reporting and grievance redressal systems<\/span>.<\/p>\n<\/li>\n

  8. \n

    Significant social media intermediaries are additionally required to use technology-based measures, including automated tools, to proactively prevent dissemination of unlawful content.<\/p>\n<\/li>\n

  9. \n

    Under Rule 3(2)(b)<\/span>, intermediaries are required to remove content depicting sexual acts or impersonation within 24 hours of a complaint filed<\/span> by the affected individual or their representative.<\/p>\n<\/li>\n

  10. \n

    Intermediaries are also advised to immediately review their internal compliance frameworks<\/span>, content moderation practices, and user enforcement mechanisms to ensure strict adherence to laws.<\/p>\n<\/li>\n

  11. \n

    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.<\/p>\n<\/li>\n

  12. \n

    Violations of this advisory are punishable under:<\/p>\n