The government has warned intermediaries, especially social media platforms on obscene, vulgar, pornographic, paedophilic and other forms of unlawful content, telling them to undertake an immediate review of their internal compliance frameworks, failing which they may face legal consequences.

In a direction dated December 29 (Monday), the Ministry of Electronics and Information Technology (MeitY) has asked all intermediaries including social media such as Meta (Facebook), Instagram, YouTube and X (twitter) to ensure strict and continuous adherence to the provisions of the IT Act and the IT Rules, 2021.

“Intermediaries, including social media intermediaries, are reminded that they are statutorily obligated under section 79 of the IT Act, read with Rules 3 and 4 of the IT Rules, 2021, to observe due diligence as a condition for availing exemption from liability in respect of third-party information uploaded, published, hosted, shared or transmitted on or through their platforms. In particular, Rule 3(1)(b) of the IT Rules, 2021 requires intermediaries to make reasonable efforts to ensure that users of their computer resources do not host, display, upload, modify, publish, transmit, store, update or share any information that is obscene, pornographic, paedophilic, harmful to child, or otherwise unlawful,” MeitY said.

It further said that there is a need for greater consistency and rigour in the observance of due diligence obligations by intermediaries, particularly in relation to the identification, reporting and expeditious removal of content that is obscene, indecent, vulgar, pornographic, paedophilic, harmful to child or otherwise unlawful, as prescribed under the Information Technology Act, 2000 (ITAct) and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 202I (IT Rules, 2021) and the Ministry continues to take appropriate measures within its statutory mandate to address such concerns in accordance with law.

The development came after MeitY observing that social media platforms have not been strictly acting on obscene, vulgar, inappropriate, and unlawful content.

“It has been reported and represented from time to time, including through public discourse, representations from various stakeholders and judicial observations, that certain categories of content circulating on social media and other intermediary platforms may not be in compliance with applicable laws relating to decency and obscenity,” it noted.

Meity said that there is a need for greater consistency and rigour in the observance of due diligence obligations by intermediaries, particularly in relation to the identification, reporting and expeditious removal of content that is obscene, indecent, vulgar, pornographic, paedophilic, harmful to child or otherwise unlawful, as prescribed under the IT Act and Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

Such instances have given rise to concerns among different sections of society regarding the responsible use of digital platforms and the need for continued adherence to the constitutional framework governing freedom of speech and expression, which is subject to reasonable restrictions under law, it said.

“These concerns have also been reflected in discussions in parliament and proceedings before courts. In respect of certain specific instances brought to notice, the matter has also been referred to the appropriate law enforcement authorities for action in accordance with law,” it said.

Therefore, failure to observe such due diligence obligations shall result in the loss of the exemption from liability under section 79 of the IT Act, and such intermediaries shall also be liable for consequential action as provided under any law including the IT Act and the Bharatiya Nyaya Sanhita, 2023 (BNS), it added.

Published on December 30, 2025