
Information Technology (Intermediary Guidelines) Amendment Rules, 2025: Senior Level Accountability for Takedowns
The safe harbour framework for intermediaries in India flows from Section 79 of the Information Technology Act, 2000, operationalized by the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Under Rule 3(1)(d), intermediaries had to disable access to unlawful content upon receiving actual knowledge through a court order or government notification. The phrase "Appropriate Government or its agency" was, however, not hierarchically defined, which in practice permitted officers as low as Inspector rank to issue takedown directions, leading to risks of arbitrary action, lack of transparency, and chilling effect on Article 19(1)(a), as cautioned in Shreya Singhal v. Union of India.






