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Core Purpose

The Central Government hereby makes rules to further amend the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

Detailed Summary

The Ministry of Electronics and Information Technology, under Notification G.S.R. 775(E) dated 22nd October, 2025, exercised powers conferred by sub-section (1) and clauses (z) and (zg) of sub-section (2) of section 87 of the Information Technology Act, 2000 (21 of 2000), to promulgate the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2025. These rules shall come into force on the 15th day of November, 2025. The amendment specifically substitutes clause (d) in sub-rule (1) of rule 3 of the principal Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The new clause mandates that an intermediary, hosting information used to commit unlawful acts (prohibited under laws relating to sovereignty and integrity of India, security of the State, friendly relations with foreign States, public order, decency or morality, contempt of court, defamation, or incitement to an offence), must remove or disable access to such information within thirty-six hours of receiving 'actual knowledge'. Such 'actual knowledge' can only arise from an order of a court of competent jurisdiction or a reasoned written intimation. This intimation must be issued by an authorized officer not below the rank of Joint Secretary (or equivalent/Director) from the Appropriate Government or its agency, or for police administration, an officer not below the rank of Deputy Inspector General of Police, and must clearly specify the legal basis, statutory provision, nature of the unlawful act, and the specific URL or electronic location. All such intimations are subject to monthly periodic review by an officer not below the rank of Secretary of the concerned Appropriate Government. The principal rules were published vide G.S.R.139(E) dated 25th February, 2021, and subsequently amended by G.S.R.794(E) dated 28th October, 2022, and G.S.R. 275(E) dated 6th April, 2023.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-22102025-267089 EXTRAORDINARY PART II—Section 3—Sub-section (i) PUBLISHED BY AUTHORITY No. 691] NEW DELHI, WEDNESDAY, OCTOBER 22, 2025/ASVINA 30, 1947 [भाग II-खण्ड 3(i)] MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY NOTIFICATION New Delhi, the 22nd October, 2025 3 G.S.R. 775(E). — In exercise of the powers conferred by sub-section (1), clauses (z) and (zg) of sub-section (2) of section 87 of the Information Technology Act, 2000 (21 of 2000), the Central Government hereby makes the following rules to further amend the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, namely:— 1. (1) These rules may be called the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2025. (2) They shall come into force on the 15th day of November, 2025. 2. In the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, in rule 3, in sub-rule (1), for clause (d), the following clause shall be substituted, namely:— "(d) an intermediary, on whose computer resource the information which is used to commit an unlawful act which is prohibited under any law for the time being in force in relation to the interest of the sovereignty and integrity of India; security of the State; friendly relations with foreign States; public order; decency or morality; in relation to contempt of court; defamation; incitement to an offence relating to the above, or any information which is prohibited under any law for the time being in force is hosted, displayed, published, transmitted or stored shall, upon receiving the actual knowledge under clause (b) of sub-section (3) of section 79 of the Act on such information, remove or disable access to such information within thirty-six hours of the receipt of such actual knowledge, and such actual knowledge shall arise only in the following manner, namely:- (i) by an order of a court of competent jurisdiction; or (ii) a reasoned intimation, in writing,— (I) issued by an officer authorised for the purpose of issuing such intimation by the Appropriate Government or its agency, being not below the rank of Joint Secretary or an officer equivalent in rank or where an officer at such rank is not appointed, a Director or an officer equivalent in rank, to the Government of India or to the State Government, as the case may be, and, where so authorised, acting through a single corresponding officer in its authorised agency, where such agency is so appointed: Provided that where such intimation is to be issued by the police administration, the authorised officer shall not be below the rank of Deputy Inspector General of Police, especially authorised by the Appropriate Government in this behalf: Provided further that all such intimations shall be subject to periodic review by an officer not below the rank of the Secretary of the concerned Appropriate Government once in every month to ensure that such intimations are necessary, proportionate, and consistent with clause (b) of sub-section (3) of section 79 of the Act and this clause; (II) clearly specifying the legal basis and statutory provision invoked, the nature of the unlawful act, and the specific uniform resource locator, identifier or other electronic location of the information, data or communication link required to be removed or disabled;". [F. No. 2(4)/2025-CyberLaws] AJIT KUMAR, Jt. Secy. Note.—The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide notification number G.S.R.139(E), dated the 25th February, 2021 and subsequently amended vide notification number G.S.R.794(E), dated the 28th October, 2022 and vide notification number G.S.R. 275(E), dated the 6th April, 2023. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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