Only Joint Secretaries and DIG-rank officers can issue content takedown orders: MeitY
MeitY amends IT Rules to curb arbitrary takedown powers of junior officials; move aims to enhance accountability and procedural clarity under Section 79(3)(b) of the IT Act.
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Only senior government officials- at the rank of Joint Secretary or above, or Deputy Inspector General (DIG) in the case of law enforcement will now be authorised to issue content takedown orders to social media platforms under Section 79(3)(b) of the Information Technology (IT) Act.
The Ministry of Electronics and Information Technology (MeitY) announced this change through an amendment to Rule 3(1)(d) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which will take effect from November 15, 2025.
This move replaces the earlier practice where junior officials - including sub-inspectors or assistant sub-inspectors in state police departments - were empowered to send takedown notices to digital intermediaries.
Storyboard18 had first reported on October 22 that MeitY has appointed Ajit Kumar, IAS (Kerala cadre, 2006 batch), Joint Secretary, as the Designated Officer empowered under Section 69A of the Information Technology Act, 2000. He is authorized officer to implement blocking orders under IT Rules, 2009.
Platforms had long criticised this lack of hierarchy and accountability in the takedown process.
“The change we have brought here raises the level of accountability in the government,” said Ashwini Vaishnaw, Minister for Electronics and Information Technology, while announcing the amendment.
Under the revised framework, if a Joint Secretary is not available in a particular department, a Director or an equivalent officer may be designated to authorise takedown requests, as per a Moneycontrol report.
The government has also made it mandatory for such notices to clearly specify the legal basis and statutory provision invoked, the nature of the unlawful act, and the specific URL or electronic location of the information in question.
To ensure oversight and prevent misuse, MeitY has introduced a periodic review mechanism chaired by an officer not below the rank of Secretary in the respective government - such as the Home Secretary or IT Secretary at the state level.
Under Section 79(3)(b) of the IT Act, intermediaries are required to take down unlawful content upon receiving a valid government order. Failure to comply can lead to the loss of safe harbour protection, which shields platforms from liability for user-generated content.
The latest amendment comes at a time when platforms like X (formerly Twitter) have been engaged in legal disputes with the government over takedown orders issued under the same provision. One of their key concerns has been the arbitrary issuance of orders by lower-rank officials without adequate justification or due process.
