Govt issues advisory to digital platforms on unlawful content

The Indian government has issued a fresh advisory to digital intermediaries, including social media platforms, warning that lapses in the handling of obscene and unlawful content could invite legal action.

In a statement, the Ministry of Electronics and Information Technology (MeitY), said platforms were expected to take proactive steps to prevent users from hosting or sharing material that is obscene, sexually explicit, paedophilic, harmful to children or otherwise unlawful. The ministry also reiterated that intermediaries must act promptly to remove or disable access to such content once they receive formal notice through court orders or government directives, according to a report by moneycontrol.

Failure to comply with these obligations could trigger action under both the Information Technology Act and the Bharatiya Nyaya Sanhita, 2023, the ministry said. Platforms have been asked to immediately review their internal compliance and content moderation mechanisms, with officials cautioning that continued violations could lead to prosecution.

The advisory comes as the government moves to strengthen oversight of digital platforms. Earlier this month, the ministry invited applications for whole-time members of the Grievance Appellate Committee, a quasi-judicial body that hears appeals against decisions taken by grievance officers of intermediaries, including social media companies.

The committee operates under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which require platforms to observe due diligence obligations, appoint grievance officers and prevent the circulation of prohibited content. According to the ministry, whole-time members of the appellate body will receive a consolidated monthly remuneration of ₹1.75 lakh, along with an allowance of ₹75,000 in lieu of housing and transport.

Under the framework, users dissatisfied with the decisions of an intermediary’s grievance officer can escalate their complaints to the Grievance Appellate Committee for review.