The Union government has issued a stern warning to online and social media platforms, cautioning that failure to act against obscene, indecent and unlawful content could invite legal consequences. The advisory was issued on December 29 by the Ministry of Electronics and Information Technology (MeitY).
Platforms told to tighten compliance urgently
In its advisory, the ministry directed all intermediaries to immediately review their internal compliance frameworks and ensure strict action against illegal content hosted on their platforms. It warned that exemptions from liability under Information Technology Act, 2000 would apply only if platforms exercise “due care” in monitoring and acting on third-party content.
The ministry noted that a recent review revealed several platforms were not taking adequate action against obscene, vulgar and other unlawful material, prompting the need for a formal warning.
Safe harbour protection conditional
Under Section 79 of the IT Act, intermediaries are granted limited protection from liability for user-generated content. However, MeitY stressed that this “safe harbour” provision is conditional and applies only when platforms comply with legal obligations and act promptly on violations.
Failure to do so, the advisory said, could result in the withdrawal of this protection and lead to legal action.
Obligations under IT Rules, 2021
The ministry reminded platforms of their responsibilities under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These rules require intermediaries to make reasonable efforts to ensure that users do not host, upload, publish or share content that is pornographic, paedophilic or harmful to children.
Platforms have also been instructed to remove unlawful content or disable access to it immediately upon receiving a court order or a government notification.
Strict timelines for takedown
The advisory highlighted that it is mandatory for platforms to act within 24 hours of receiving a complaint related to content depicting a person in a sexual act. Delays or inaction, the ministry warned, would be viewed as non-compliance.
MeitY has asked all online platforms to conduct an immediate review of their content moderation systems, internal control processes and user grievance redressal mechanisms to ensure alignment with the law.
Focus on user safety and accountability
The government said the advisory reflects its continued focus on safeguarding users, especially children, and ensuring accountability in the digital ecosystem. With social media platforms playing an increasingly influential role in public life, authorities have reiterated that freedom of expression must be balanced with responsibility and adherence to the law.