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India Warns Online Platforms to Curb Obscene Content or Risk Prosecution

The notice restates existing IT Act duties by tying safe-harbour to due diligence.

Overview

  • In a December 29 advisory, MeitY directed intermediaries to immediately review compliance frameworks, content moderation practices and user enforcement mechanisms.
  • Large social media platforms were told to deploy automated, technology-based tools to proactively prevent unlawful material and to accelerate takedowns.
  • Platforms must remove or disable access to prima facie sexual or impersonation content within 24 hours upon a complaint from the affected person or their representative.
  • Failure to comply can lead to loss of Section 79 safe-harbour and prosecution under the IT Act, the BNS 2023, and provisions including Sections 67/67A/67B, POCSO, the Indecent Representation of Women Act and the Young Persons Act.
  • MeitY cited repeated complaints and references in Parliament and courts; coverage notes the advisory introduces no new rules, and officials were not reachable for comment.