Remove obscene, pornographic content, IT Ministry tells social media platforms

The Ministry of Electronics and Information Technology has issued an advisory to social media platforms, directing them to proactively take down “obscene” and “pornographic” content.

Large platforms in particular (defined as those who have more than 50 lakh users) are required to use technology to automatically detect and remove such content, said the advisory issued late on Monday, pointing to the IT Rules, 2021.

Platforms and intermediaries will face action if they do not comply with the IT Rules that bar display of such objectionable content, it said.

A senior official told The Hindu that the government had noticed that “there seemed to be more obscene content which [large social media platforms] were missing out on screening”.

The advisory comes a month after the Supreme Court urged the Union government to take action on what it called “obscenity” on the Internet. The government has so far blocked nearly 25 home-grown OTT platforms specialising in erotic content, and in the Supreme Court filed a note proposing the insertion of broad language that would prohibit obscenity on the Internet in India.

It is unclear if there was any specific trigger for Monday’s order. The IT Rules “requires [social media and other] intermediaries to make reasonable efforts to ensure that users of their computer resources do not host, display, upload, modify, publish, transmit, store, update or share any information that is obscene, pornographic, paedophilic, harmful to child, or otherwise unlawful,” the advisory says.

“Accordingly, the intermediaries shall not permit the hosting, displaying, uploading, publication, transmission, storage, sharing of any content that is obscene, pornographic, vulgar, indecent, sexually explicit, paedophilic, or otherwise prohibited under any law for the time being in force in any manner whatsoever. Failure to observe such due diligence obligations shall result in the loss of the exemption from liability under Section 79 of the IT Act,” the advisory added.

That extract refers to safe harbour, the legal principle that platforms are not responsible for content put out by their users. The IT Rules enforce much of their social media regulations by setting the terms under which they may enjoy this safe harbour — such as by ensuring that they have grievance redressal officers based in India to receive complaints, and comply with government orders. Without safe harbour, social media platforms risk being liable in court for their users’ speech.

Rule 3(2)(b) of the IT Rules “mandates that intermediaries shall remove or disable access to any content that is prima facie … depicting an individual in any sexual act or conduct, or any impersonation thereof, within twenty-four hours of receipt of a complaint from the affected individual or any person on such individual’s behalf,” the advisory adds.

“It is reiterated that non-compliance with the provisions of the IT Act and or the IT Rules, 2021 may result in consequences, including prosecution under the IT Act, [the Bharatiya Nyaya Sanhita], and other applicable criminal laws, against the intermediaries, platforms and their users,” it said.