MeitY flags gaps in platform moderation, warns intermediaries on obscene content compliance

The advisory was issued on December 29

The Ministry of Electronics and Information Technology (MeitY) on December 29 issued an advisory to intermediaries, including social media platforms, flagging lapses in the handling of obscene and unlawful content and warning that failure to meet statutory obligations could invite legal consequences.

In the January 29 advisory, the ministry said it has repeatedly come across concerns—through public discourse, stakeholder representations, parliamentary discussions and court proceedings—about the circulation of content that may violate laws on decency, obscenity and child protection.

Some instances, MeitY noted, have already been referred to law enforcement agencies.

The advisory underscores that intermediaries must strictly comply with due diligence requirements under Section 79 of the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, to retain protection from liability for third-party content.

MeitY said platforms are expected to make reasonable efforts to prevent users from hosting or sharing content that is obscene, sexually explicit, paedophilic, harmful to children or otherwise unlawful.

It also reiterated that intermediaries must act swiftly to remove or disable access to such content once they receive actual knowledge through court orders or government directions, and within the timelines specified under the rules.

Failure to do so, the ministry cautioned, could result in intermediaries losing their safe harbour protections and facing action under the IT Act as well as the Bharatiya Nyaya Sanhita, 2023.

The ministry has asked intermediaries to immediately review their internal compliance and content moderation processes, warning that continued non-compliance could lead to prosecution of platforms, their officials and users under applicable criminal laws.