The Indian government has revised its rules governing the removal of online content, reducing the number of officials authorised to issue takedown orders, following a protracted legal dispute with Elon Musk’s social media platform X.
Under the new regulations, which come into effect on 15 November, only senior bureaucrats and police officers will have the authority to request content removals.
Bureaucrats must hold the rank of joint secretary or higher, while police officers must be serving as deputy inspector general or above.
The government described the changes as measures intended to enhance transparency, accountability and safeguards.
“These amendments strengthen the framework of due diligence obligations of intermediaries under the Information Technology Act, 2000,” the Ministry of Electronics and Information Technology said in a gazette notification.
Before this, a larger number of officials, including lower-ranking officers, were permitted to issue such directives.
Under the revised framework, takedown orders must now be supported by a reasoned intimation specifying the legal basis and statutory provision invoked, the nature of the alleged unlawful act, and the URL or other electronic location of the content in question.
Each order will also be subject to monthly review by an officer of secretary rank to ensure actions remain necessary, proportionate and consistent with law.
Akash Karmakar, a technology law specialist at Indian law firm Panag & Babu, told Reuters that although the government has reduced its powers, “the number of officials who can issue orders will still be in the hundreds.” He added that the process of challenging takedown orders remains onerous and places the burden of proof on users, limiting free expression.
The electronics and information technology ministry said the changes were prompted by a review highlighting the need for senior-level accountability, precise specification of unlawful content and periodic review of government directions at the highest level.
It called the amendments a striking balance between citizens’ constitutional rights and the state’s regulatory powers.
In August, Reuters reported that police inspectors had issued takedown orders targeting cartoons and satirical posts, prompting one of X’s most high-profile legal challenges to a government’s content-removal rules.
X had expressed concern that millions of police officers could issue arbitrary takedown orders through the Sahyog online portal, bypassing judicial review and due process, and exposing platforms to criminal liability for non-compliance.
The platform also said the regime violated Section 69A of the IT Act and Supreme Court rulings.
A Karnataka High Court ruling in September that rejected X’s petition challenging the authority of government officials to issue information blocking orders.
The court stressed the importance of regulating social media, particularly in cases involving offences against women, to uphold citizens’ constitutional rights to dignity.