Centre Puts Social Media Platforms on Notice Over Obscene Content

The Union government has issued a strong warning to social media companies and digital intermediaries, cautioning that continued inaction against obscene and unlawful content could invite serious legal consequences.

In an advisory dated December 29, 2025, the Ministry of Electronics and Information Technology (MeitY) directed online platforms to urgently reassess their content governance practices. The ministry made it clear that legal protection available to intermediaries under Section 79 of the Information Technology Act is conditional and applies only when platforms demonstrate adequate “due diligence” in moderating third-party content.

Compliance Failures Flagged

According to MeitY, a recent assessment revealed that several platforms are failing to respond effectively to content that is obscene, vulgar, or otherwise illegal. The ministry noted that such lapses undermine user safety and violate existing legal obligations.

Obligations Under IT Rules, 2021

The advisory reiterates that the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 require platforms to actively prevent users from creating or circulating content that is:

• Pornographic or sexually explicit

• Pedophilic or exploitative of children

• Harmful to minors in any form

Platforms are expected to take reasonable and proactive measures to ensure such material does not remain accessible.

Mandatory Action Timelines

MeitY has also reminded intermediaries of strict content takedown deadlines:

• Sexual or impersonation-related content must be removed within 24 hours of receiving a complaint.

• Content flagged through court orders or government directions must be disabled within the timelines prescribed under the IT Rules.

For major social media platforms, the government stressed the need to move beyond reactive moderation and deploy automated and technology-driven tools to detect and curb unlawful content at scale.

Legal Risks for Non-Compliance

The advisory leaves little room for ambiguity. Platforms that fail to comply may face:

• Withdrawal of safe-harbour protection, exposing them to direct liability for user-generated content.

• Criminal proceedings under the IT Act, the Bharatiya Nyaya Sanhita (BNS), and other applicable laws, potentially affecting companies, their executives, and even users.

Government’s Message

Through this advisory, the Centre has signaled a tougher enforcement stance, emphasizing that content moderation is no longer optional or complaint-driven but a core legal responsibility for digital platforms operating in India.

By - Aaradhay Sharma