Centre Warns Online Platforms Against Hosting Illegal Content, Urges Action

The Centre has issued a stern warning to online and social media platforms that if they do not take proper action against obscene and indecent content on their platform, they will face legal consequences.

In an advisory issued on December 29, the Ministry of Electronics and Information Technology has asked these platforms to immediately review their internal compliance frameworks and ensure strict action against illegal and obscene content. 

A failure to do so could result in legal action, the ministry has said.

The advisory said exemption from liability granted to intermediaries under Section 79 of the Information Technology Act applies only if they exercise "due care" regarding third-party content on their platforms. 

A recent review has revealed that many social media platforms are not taking required action against obscene, vulgar, and other unlawful content, it said.

The ministry has reminded online platforms that under the IT Rules, 2021, they are required to make reasonable efforts to ensure that users do not host, upload, publish, transmit, store, or share any content that is pornographic, pedophilic or harmful to children.

The advisory also states that unlawful content should be removed or access to it disabled immediately after receiving court order or government notification. 

It is mandatory to take action within 24 hours on receiving a complaint regarding content depicting a person in a sexual act.

The IT Ministry has asked all online platforms to immediately review their content moderation systems, internal control processes and user grievance redressal mechanisms.