After Musk Vs MeitY, A Legal Course Correction: Amended IT Rules Rein In Takedown Powers

Last Updated:October 23, 2025, 18:39 IST

The amendments are designed to enhance transparency, accountability, and safeguards in the contentious process of content takedown from online platforms

The most substantial change centres on limiting the power to issue content removal intimations. (Representational image: Reuters)

The Government of India’s Ministry of Electronics and Information Technology (MeitY) has notified key amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, a significant move following a high-profile legal challenge by Elon Musk’s social media platform X. These amendments, effective from November 15, 2025, are designed to enhance transparency, accountability, and safeguards in the contentious process of content takedown from online platforms.

The context for these changes lies in the prolonged legal friction between the Centre and X regarding the implementation of content removal notices under Rule 3(1)(d) of the IT Rules. X had taken the matter to the Karnataka High Court, arguing that the existing framework allowed an unreasonably large number of low-level officials—literally thousands across various central and state government agencies—to issue content-blocking orders. The platform’s legal counsel had famously complained that “every Tom, Dick, and Harry" was illegally issuing takedown orders, which the company viewed as an unconstitutional overreach that stifled free speech and bypassed the established, more structured procedure under Section 69A of the IT Act. Although X ultimately lost its lawsuit in the High Court, the government’s subsequent amendments appear to address the core issue of accountability and the wide scope of authority.

The most substantial change centres on limiting the power to issue content removal intimations. Under the amended Rule 3(1)(d), this authority is now strictly restricted to senior officials, ensuring greater accountability for such sensitive decisions. Any intimation to an intermediary for the removal of unlawful information must now be issued by a government officer not below the rank of Joint Secretary or equivalent. For police authorities, the directive can only come from a specially authorised officer not below the rank of Deputy Inspector General of Police (DIG). This effectively cuts down the number of officials empowered to issue such orders, centralising the authority at a senior bureaucratic level.

Furthermore, the amendments introduce critical safeguards to ensure the process is transparent and proportionate. Firstly, every content takedown order must be supported by a “reasoned intimation." This means the notice must clearly specify the legal basis, the exact statutory provision invoked, the nature of the alleged unlawful act, and the specific URL or electronic identifier of the content to be removed. This move replaces the previous system of general, non-specific notifications, giving platforms a clear, actionable basis for compliance and strengthening their position against arbitrary demands.

Secondly, a robust mechanism for periodic review has been introduced. All intimations issued under Rule 3(1)(d) will be subject to a monthly review by a senior officer not below the rank of Secretary of the appropriate government. This monthly scrutiny is intended to ensure that all content removal actions remain necessary, proportionate, and consistent with the law, thereby striking a critical balance between citizens’ constitutional rights to free expression and the state’s legitimate regulatory powers over online safety and security.

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News tech After Musk Vs MeitY, A Legal Course Correction: Amended IT Rules Rein In Takedown Powers

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