IT Rules 2021 amended: From transparency to accountability — What changes, key features, impact

The Centre, on 23 October, notified amendments to Rule 3(1)(d) of the IT Rules, 2021, “to enhance transparency, accountability and safeguards”, the Ministry of Electronics & IT (MeitY) said in a release.

It added that the new framework, set to come into effect from 15 November 2025, ensures “senior-level authorisation, reasons intimations and periodic review for proportionate and lawful action”.

The amendments, titled ‘Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2025’, seek to “reinforce transparency, proportionality and accountability in removal of unlawful online content by intermediaries”, the ministry stated.

What are the IT Rules, 2021?

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, or IT Rules, 2021, prescribe due diligence obligations on intermediaries, including social media intermediaries, with the objective of ensuring online safety, security and accountability, according to the statement.

First notified on 25 February 2021, it was subsequently amended on 28 October 2022 and again on 6 April 2023.

What is the rule being amended?

Under Rule 3(1)(d), intermediaries are required to remove unlawful information upon receiving actual knowledge either through a court order or notification from the appropriate government.

The ministry said its review “highlighted the need for additional safeguards” in order to ensure senior-level accountability, precise specification of unlawful content, and periodic review of government directions at a higher level.

Key features of the amendments

• Senior-level Authorisation: 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—and, where so authorised, acting through a single corresponding officer in its authorised agency, where such agency is so appointed.

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.

• Reasoned Intimation with Specific Details: The intimation must clearly specify the legal basis and statutory provision, the nature of the unlawful act, and the specific URL/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.

• Periodic Review Mechanism: 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.

This ensures that such actions remain necessary, proportionate, and consistent with the law.

• Balance of Rights and Responsibilities: The amendments strike a balance between the constitutional rights of citizens and the legitimate regulatory powers of the state, ensuring that enforcement actions are transparent and do not lead to arbitrary restrictions.

What is the expected impact of this amendment?

• The ministry expects the amendment to make clear guidelines on who can issue directions and how, with periodic review, to ensure checks and balances.
• It expects that the mandate for detailed and reasoned intimations will give intermediaries better guidance to act in compliance with the law.
• It expects the reforms to ensure proportionality and uphold the principles of natural justice while reinforcing lawful restrictions under the IT Act, 2000.