Centre issues advisory to digital platforms on obscene and unlawful content

The Indian government has issued a new advisory to digital intermediaries, including social media platforms, warning that failures in dealing with obscene and unlawful content could lead to legal action.

In a statement, the Ministry of Electronics and Information Technology said platforms must take proactive measures to prevent users from hosting or sharing material that is obscene, sexually explicit, paedophilic, harmful to children or otherwise illegal. The ministry also said intermediaries are required to act quickly to remove or block access to such content once they receive formal notice through court orders or government directions, as reported by moneycontrol.

The ministry warned that non-compliance could invite action under the Information Technology Act as well as the Bharatiya Nyaya Sanhita, 2023. Platforms have been asked to review their internal compliance and content moderation systems, with officials cautioning that repeated violations could result in prosecution.

The advisory comes amid broader efforts by the government to tighten oversight of digital platforms. Earlier this month, the ministry invited applications for whole-time members of the Grievance Appellate Committee, a quasi-judicial body that hears appeals against decisions taken by grievance officers of intermediaries, including social media companies.

The committee functions under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These rules require platforms to follow due diligence obligations, appoint grievance officers and prevent the spread of prohibited content.

According to the ministry, whole-time members of the appellate committee will receive a consolidated monthly pay of 175,000 rupees, along with an allowance of 75,000 rupees in place of housing and transport.

Under the current framework, users who are dissatisfied with the decisions of an intermediary’s grievance officer can appeal to the Grievance Appellate Committee for a review.