Currently, the Ministry of Electronics and Information Technology (Meity) is the only ministry that can order emergency content takedowns and blocking of websites or platforms.
“We are considering this to ensure swift action on content for which the respective ministries have domain experts and can better determine the illegality of the content or the website that needs to be taken down,” said a senior government official.
The move to expand these powers to other key ministries is likely to affect social media and internet intermediaries like Facebook, Instagram, Snapchat, YouTube, and X, as the number of blocking orders issued to them could increase significantly.
At present, requests originating from other ministries, regulators, or law enforcement agencies for content takedown or website blocking under Section 69(A) of the IT Act, 2000, must be routed through Meity, which then issues a formal notice to the intermediary or internet service provider. An email sent to Meity remained unanswered until the time of publication.
The proposal to expand the scope of Section 69(A) of the IT Act is currently being discussed by senior government officials from key ministries and other stakeholders, and a decision on the best way to bring the amendment is likely soon, the official said.
Apart from these key ministries, the government is also likely to widen the scope of the amended to allow some regulators to exercise these powers, with a strict threshold on which content can be taken down, another official said, adding that the ministries and regulators would need to be “sensitised” to the “nature and need” of emergency blocking powers.
Other than Section 69(A) of the IT Act, content takedown notices can also be issued to social media and internet intermediaries under Section 79(3)(b) of the Act.
Under Section 69(A), the central government, or any other authorised officer on its behalf, can order a piece of content or a website to be taken down if they believe that the action is “necessary or expedient” to protect the sovereignty and integrity of India, the defence of India, security of the State, friendly relations with foreign States or public order, or for preventing incitement to the commission of any cognizable offence related to the above.
Intermediaries that fail to comply with emergency blocking orders can be punished with up to seven years’ imprisonment and a fine, as determined by courts.
On the other hand, the content takedown notices issued under Section 79(3)(b) of the IT Act can be issued by any ministry, regulator or law enforcement agency through the Ministry of Home Affairs’ Sahyog Portal. Intermediaries have a maximum of three hours to respond to such notices and remove the content.
In February this year, Meity had amended the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, to cut the content takedown response timeline for intermediaries to 3 hours from 24-36 hours earlier.
The amended rules, which came into effect on February 20, require intermediaries to remove non-consensual intimate imagery from their platforms within two hours, instead of a 24-hour window provided earlier. Similarly, objectionable and unlawful content is now mandated to be removed within three hours of it being flagged either by the ministry or a law enforcement agency.
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