Government amends Rule 3(1)(d) of IT Rules: only senior officers can order content takedowns
MeitY notified amendments to Rule 3(1)(d) of the IT Rules, 2021, requiring takedown notices to come from officers of at least Joint Secretary rank (or DIG for police) and a monthly review by a Secretary-level officer.
Summary
On 23 October 2025, the Ministry of Electronics and Information Technology (MeitY) announced the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2025, which change Rule 3(1)(d) of the IT Rules, 2021. That rule requires intermediaries to remove unlawful content once they have actual knowledge through a court order or a government notice. Now, only an officer not below Joint Secretary rank (or a Director where no such rank exists) can send a removal notice; for police, only a specially authorised officer not below Deputy Inspector General can. Each notice must be a 'reasoned intimation' stating the legal basis, the unlawful act and the exact URL, in line with Section 79(3)(b) of the IT Act. All such notices will be reviewed every month by an officer not below Secretary rank. The IT Rules were first notified on 25 February 2021.
Key facts
- Amended rule
- Rule 3(1)(d), IT Rules 2021 (via Amendment Rules, 2025)
- Who can issue
- Officer ≥ Joint Secretary (or Director); police ≥ DIG
- Form
- 'Reasoned intimation' with legal basis, unlawful act, specific URL
- Legal anchor
- Section 79(3)(b), IT Act ('actual knowledge')
- Review
- Monthly, by officer ≥ Secretary
- Original rules
- Notified 25 Feb 2021; amended 2022, 2023
Practice MCQs 3 questions
Under the October 2025 amendment to Rule 3(1)(d) of the IT Rules, 2021, an intimation to intermediaries for removal of unlawful content can be issued (where the rank exists) only by an officer not below the rank of:
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Correct answer: C — Joint Secretary
PIB: intimations can now only be issued by a senior officer not below the rank of Joint Secretary or equivalent (or a Director where such rank is not appointed).
Under the amended Rule 3(1)(d) of the IT Rules (October 2025), which police officer can issue a content-removal intimation to intermediaries?
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Correct answer: A — A specially authorised officer not below Deputy Inspector General
PIB: in case of police authorities, only an officer not below the rank of Deputy Inspector General of Police (DIG), specially authorised, can issue such intimation.
Consider the following statements about the October 2025 amendment to Rule 3(1)(d) of the IT Rules, 2021: 1. All intimations will be reviewed monthly by an officer not below the rank of Secretary of the Appropriate Government. 2. The term 'reasoned intimation' was introduced to align the rule with Section 69A of the IT Act. Which of the statements given above is/are correct?
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Correct answer: A — 1 only
Only 1 is correct. PIB: monthly review by a Secretary-level officer is mandated; 'reasoned intimation' aligns the rule with the 'actual knowledge' requirement of Section 79(3)(b), not Section 69A.