On 29th December 2025, the Ministry of Electronics and Information Technology [“MeitY”] issued an advisory to all Intermediaries, including social media intermediaries, regarding vulgar, indecent, obscene, pornographic and other unlawful content. The advisory does not create any new due diligence obligations but rather reiterates the existing ones under the Information Technology Act, 2000 [“IT Act”], together with the Information Technology [Intermediary Guidelines and Digital Media Ethics Code] Rules, 2021 [“IT Rules”].
This Advisory came as a result of multiple representations and reports on the continued circulation of content that violates decency and obscenity laws in place. These concerns have also been raised in parliamentary and court proceedings, making it all the more necessary to address.
This also comes in light of the recent Standard Operating Procedure [“SOP”] to curb the dissemination of non-consensual intimate imagery content. The SOP focused on steps which a victim and intermediary should follow when non-consensual nude images are uploaded. Similar to the current advisory, the SOP was also an effort to ensure consistent and uniform implementation of the existing laws.
In this discourse, it is also pertinent to note the November proposal of MeitY to revamp the Ethics Code under IT Rules. The revamp suggests a four-part code in which the 1st would include an obscenity standard similar to the current TV Programme Code. The proposal attempted at defining obscene digital content as any content that is lascivious or appeals to prurient interest that tends to “deprave and corrupt” viewers. It also aims to address AI-generated content, in light of the recent developments related to deepfake misuse.
KEY HIGHLIGHTS
This advisory has been made mandatory for all kinds of intermediary services, whether it is a social media intermediary service provider or any other kind of digital service provider for third-party data storage, as defined in Section 2(1)(w) of the Information Technology Act, 2000.
The requirements mentioned in the MeitY advisory would be applicable, based on the scope and size of operations, for those entities assisting in hosting, storing, transmitting, or sharing third-party information. The MeitY advisory assumes significance in respect of the client’s business as an intermediary and, having met the due diligence obligations mentioned under Section 79 of the Information Technology Act read with Rules 3 and 4 of the Information Technology Rules, 2021, it would continue to remain eligible for safe harbour provisions.
- Precautions: The advisory reminds intermediaries of their duty under Rule 3[1][b] to make “reasonable efforts” to ensure that users on their platforms do not host, display, upload, or share any information that is “obscene, pornographic, paedophilic, harmful to children, or otherwise unlawful.” To implement this, the intermediaries must deploy accessible reporting and grievance redressal systems. Furthermore, social media intermediaries that have more than fifty lakh registered users in India i.e. Significant Social Media Intermediaries, are required to make use of automated technology for timely compliance.
- Takedown orders and Grievance Redressal: In case intermediaries receive takedown orders by the government or court, the intermediary must immediately remove such content or make it unavailable within prescribed timelines as per Rule 3[1][d]. The advisory also reiterated Rule 3[2][b] requirement of quick removal or disabling access to prima facie mature content within twenty-four hours of receiving a complaint by the victim or anyone on their behalf.
- Consequences of Non-Compliance: It cautions intermediaries that non-compliance with any of these provisions can lead to removal of the safe harbour protection under Section 79 of IT Act and possible criminal actions under Bharatiya Nyaya Sanhita [BNS], 2023. It also noted that such dissemination of sensitive content ["obscene, pornographic, paedophilic, indecent, vulgar, or sexually explicit content”] is a punishable offence under statutes like Protection of Children from Sexual Offences Act, 2012 and the Representation of Women [Prohibition] Act, 1986.
- Actionable Advice: Intermediaries are advised to conduct an immediate review of their compliance frameworks, content moderation arrangements, and user-facing enforcement processes, and to maintain continuous compliance with the requirements of the IT Act and the IT Rules.
LEGAL AND REGULATORY OBLIGATIONS
Intermediaries are expected to fulfil their due diligence obligations under Section 79 of the Information Technology Act, 2000, read with Rules 3 and 4 of the Information Technology [Intermediary Guidelines and Digital Media Ethics Code] Rules, 2021.
In particular, under Rule 3[1][b], the intermediary must make every effort within reason to ensure that the users do not host, upload, publish, transmit, store, or share any obscene, pornographic, paedophilic, or otherwise unlawful content. Moreover, under Rule 3[1][d], the intermediary must remove or disable access to such unlawful content expeditiously if the intermediary receives actual knowledge as a result of a court order or a reasoned intimation from the appropriate Government or its authorised agency.
Further, Rule 3[2] mandates effective grievance redressal and reporting machinery on the part of intermediaries, and the requirement under Rule 3[2][b] to take down or disable access to the content portraying a person in a sexual act and behaviour within 24 hours of receiving a notice from the aggrieved person or on their behalf himself/herself has to be done by the significant social media intermediaries, if applicable, under Rule 4 on the part of significant social media intermediaries through technology-based means for automatically preventing the uploading of the aforementioned unlawful contents on the internet. Failure on the part of the intermediaries will lead to the deprivation of the benefit of the exemption provided under Section 79 and will invite penal provisions of the law.
In addition to obligations an internet intermediary might have in relation to the Information Technology Act and the Information Technology Rules, 2021, an internet intermediary might be held criminally liable for publishing, transmitting, storing, or providing access to unlawful content under various central acts. Sections 67, 67A , and 67B of the Information and Technology Act, 2000, criminalise the publishing, transmitting, and/or storing of obscene content, sexually explicit material, and children in sexual acts in electronic form.
Moreover, in line with sections of the Bhratiya Nyaya Sanhita, 2023 , the Indecent Representation of Women (Prohibition) Act, 1986 , the Protection of Children from Sexual Offences Act, 2012 , and the Young Persons (Harmful Publications) Act, 1956 , there are penal repercussions for publishing, creating, and/or facilitating access to obscene, indecent, and child sexual abuse materials.
Failure on the part of the due diligence obligation required by Section 79 of the Information Technology Act, 2000 and IT Rules, 2021 can make third-party content liable for direct action on the part of the intermediaries, and their loss of immunity. In this manner, third-party content hosted on these websites and portals can make the intermediaries liable, which, in turn, can make these websites and portals and their responsible officers liable for criminal offences in pursuit of the IT Act, the Bharatiya Nyaya Sanhita, 2023, and other relevant acts.
LOOKING FORWARD
Given the above MeitY notification, in order to ensure alignment with the updated norms, the intermediaries hosting third-party content are obliged to examine and tighten up their existing on-board compliance structure, such as content regulation, terms of use, and redressal of grievances. They should make sure that adequate measures are in place to enable the time-bound identification and deletion of unconstitutional content as required in the time frames laid down in the IT Rules of 2021. Otherwise, it will pose risks to the continued application of the safe harbor clause in Section 79 of the IT Act.
This Advisory from MeitY re-stresses the requirement to exercise higher caution on the part of social media platforms and intermediaries to prevent illegal content from being shared on platforms. In other words, adherence to the IT Act, 2000, and IT Rules, 2021, on a strict and continuous basis is necessary to maintain safe harbour protection. In this respect, entities with an intermediary role are encouraged to enhance their efforts to this effect based on directives from MeitY.
Further, considering MeitY’s consistent stress on compliance with the law recently, these advisories act as important reminders for intermediaries to make appropriate investments in content moderation systems and automation tools.
