In a strong compliance push ahead of 2026, the Ministry of Electronics and Information Technology (MeitY) has issued a fresh advisory warning online platforms and social media companies that leniency toward illegal content will no longer be tolerated.
Issued on December 29, 2025, the advisory makes it clear
that intermediaries risk losing their “safe harbour” protection under Section
79 of the IT Act if they fail to act decisively against unlawful material
hosted on their platforms. Without this protection, platforms can be held
directly liable for user-generated content.
What Platforms Must Do — Immediately
The advisory lays down a set of non-negotiable obligations:
Swift takedown of illegal content: Any material that is
obscene, sexually explicit, pornographic, pedophilic, or harmful to children
must be removed or blocked as soon as a court order or government directive is
received.
Strict 24-hour deadline: Content showing a person engaged in
a sexual act—or content that digitally impersonates such acts—must be taken
down within 24 hours of a complaint filed by the affected individual or an
authorised representative.
Internal systems under scrutiny: Platforms are instructed to
urgently reassess their content moderation policies, enforcement workflows,
grievance handling mechanisms, and internal controls.
Use of proactive technology: Large social media
intermediaries are expected to go beyond reactive moderation by deploying
automated and AI-driven tools to detect and curb the circulation of illegal
material before it spreads.
Legal Exposure for Defaulters
Non-compliance will invite action under multiple laws,
including:
The Information Technology Act, 2000 and the IT Rules, 2021
The Bharatiya Nyaya Sanhita (BNS), 2023, India’s new
criminal code
Sector-specific statutes such as the POCSO Act and the
Indecent Representation of Women (Prohibition) Act
MeitY has made it clear that failure to exercise “due care”
will strip platforms of intermediary immunity, exposing them to prosecution and
penalties.
Why the Government Is Acting Now
The advisory follows a government review that found uneven
enforcement and weak due diligence across several platforms, allowing vulgar
and unlawful content to remain publicly accessible. This mirrors earlier
enforcement actions, including the blocking of dozens of OTT apps and streaming
portals in 2024 and 2025 for similar violations.
The Message Is Unambiguous
With this advisory, the government has signalled a shift
from advisory compliance to strict accountability. Platforms are no longer
expected to merely respond to complaints—they are now required to actively
prevent harm, especially where women and children are concerned.
As India heads into 2026, the era of regulatory ambiguity for digital intermediaries appears to be ending.
By - Aaradhay Sharma
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