Centre amends IT Act, limits content removal to senior officials

The Centre has made crucial amendments to the Information and Technology Act following its legal tussle with Elon Musk’s X regarding social media guidelines to “ensure proportionality” and uphold the principles of “natural justice.”

Senior-level authorization mandatory

The key changes include mandatory “senior-level authorisation” for the removal of “unlawful information”. The Centre stated that any intimation to intermediaries for removal of unlawful information can now only be issued by a senior officer not below the rank of Joint Secretary, or equivalent, or, where such rank is not appointed, a Director or an officer equivalent in rank.

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“In case of police authorities, only an officer not below the rank of Deputy Inspector General of Police (DIG), specially authorised, can issue such intimation,” stated a release by the Ministry of Electronics and Information Technology (MeitY).

Order must specify reason

The government order mandates “reasoned intimation with specific details,” stating that the intimation must clearly specify the legal basis and statutory provision, the nature of the unlawful act, and the specific URL or identifier or other electronic location of the information, data or communication link (“content”) to be removed.

“This replaces the earlier broad reference to ‘notifications’ with ‘reasoned intimation’ to align the Rules with the requirement of ‘actual knowledge’ as mandated under section 79(3)(b) of the IT Act, bringing clarity and precision,” added the release.

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The amendments also feature a “periodic review mechanism” as per which all intimations issued under Rule 3(1) (d) will be subject to a monthly review by an officer not below the rank of Secretary of the appropriate government. It states that the mechanism will ensure that such actions remain necessary, proportionate, and consistent with the law.

Balance between rights and regulatory state powers

The release states that the amendments will strike a balance between the constitutional rights of citizens and the legitimate regulatory powers of the State. It further states that the amendments will ensure that enforcement actions are transparent and do not lead to arbitrary restrictions.

The Centre stated that the amendments are expected to ensure “transparency and accountability” through clear guidelines on who can issue directions and how, with periodic review, ensuring checks and balances.

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It further stated the amendments will also ensure “clarity for intermediaries” by mandating detailed and reasoned intimations, and intermediaries will have better guidance to act in compliance with the law.

“The reforms ensure proportionality and uphold the principles of natural justice while reinforcing lawful restrictions under the IT Act, 2000,” added the release.

The backdrop

The development comes a month after the Karnataka High Court dismissed X Corp’s plea challenging the government’s power to issue orders blocking information.

In its judgment, the court emphasised that regulating social media is essential, especially in cases involving crimes against women. It stated that without proper regulation, the constitutional right to the dignity of citizens could be undermined.