The Hindu: - Published on 31 December 2025
Why in News?
On December 29, 2025, the Ministry of Electronics and Information Technology (MeitY) issued a strict advisory directing social media platforms to swiftly remove obscene, pornographic, and unlawful content. Significant Social Media Intermediaries (SSMIs) were asked to deploy automated detection tools, failing which they risk losing safe harbour protection under Section 79 of the IT Act. The move comes amid rising public complaints and Supreme Court concerns, following the July 2025 blocking of 25 OTT platforms for explicit content.
Obligations Under IT Rules, 2021
Under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, intermediaries are legally required to prevent users from hosting or sharing:
- Obscene and pornographic material
- Paedophilic and child sexual abuse content
- Content harmful to minors
Platforms with over 50 lakh registered users (SSMIs) have additional responsibilities, including:
- Appointment of Chief Compliance Officer, Nodal Contact Person, and Grievance Officer
- Proactive identification of unlawful content using technology-based tools
- Removal of intimate or sexual content within 24 hours of complaint
- Publication of monthly compliance reports
- Enabling originator tracing for serious offences
Safe Harbour at Risk
Section 79 of the IT Act grants intermediaries safe harbour, shielding them from liability for user-generated content—only if due diligence is followed. MeitY has made it clear that platforms failing to act swiftly on unlawful content may lose this protection.
Without safe harbour, platforms can face prosecution under multiple laws, including:
- IT Act, 2000
- Bharatiya Nyaya Sanhita
- POCSO Act
- Indecent Representation of Women (Prohibition) Act
This would make platforms directly accountable for illegal content hosted on their services.
Government’s Past Actions and Judicial Push
The advisory builds on earlier enforcement measures and judicial interventions:
- July 2025: Blocking of 25 OTT platforms for explicit content
- April 2025: Supreme Court notices on a PIL highlighting pornographic profiles and child-related content on social media and OTT platforms
- Ongoing coordination with law enforcement agencies and industry bodies to strengthen digital safety
Way Forward
Going ahead, effective enforcement will require platforms to strengthen AI-based and multilingual content moderation systems while ensuring timely human oversight to prevent arbitrary censorship. Regular third-party audits, transparent compliance reporting, and closer cooperation with law enforcement can enhance accountability. Simultaneously, digital literacy and awareness campaigns, especially for children and parents, are essential. A collaborative approach involving government, platforms, civil society, and industry will be key to ensuring online safety without undermining freedom of expression.
Conclusion
MeitY’s latest advisory marks a firm regulatory push to make social media platforms more accountable and safer, especially for women and children. By emphasizing automated monitoring, faster takedowns, and strict enforcement of the IT Rules, the government aims to curb the misuse of digital platforms while reinforcing that safe harbour is a privilege, not a right. The move signals a tightening of India’s digital governance framework in response to evolving online risks.
