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Wednesday, October 8, 2025

Need to streamline notices to intermediaries to curb unlawful information: S. Krishnan

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New Delhi – The Indian government has told social‑media platforms that any notice it sends to intermediaries must follow a clear, standard format. The notice should list the relevant law, explain the problem, and give a consistent, easy‑to‑understand next step.

Fast‑moving digital services have made it easier for illegal and misleading content to spread. That spike has pushed the government to tighten how it regulates online posts. Under Section 79(3)(b) of the Information Technology Act, 2000, ministries, departments and state governments can issue a notice demanding that an intermediary remove or block content that violates Indian law.

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To help officials use these powers effectively, the Ministry of Electronics and Information Technology (MeitY) ran a workshop last week. The session trained participants on the key parts of the IT Act and the IT Rules, 2021 – especially Sections 69A and 79(3)(b) and Rule 3(1)(d). The goal was to make sure digital platforms manage content responsibly and keep the nation safe from harmful information.

MeitY Secretary S. Krishnan explained the difference between the two sections. Section 69A lets the government block content that threatens national security, public order or diplomatic relations. Section 79, on the other hand, puts a notice on intermediaries about their duties and possible liability, while the final decision still goes to the courts. “The two provisions serve different purposes,” Krishnan said. “A notice that mixes the powers of both can be risky.”

Krishnan urged officials to draft notices with clear language and the correct legal references. He warned that a poorly written notice can fail in court and might unfairly limit people’s constitutional rights. The message was clear: use the power wisely, respect fundamental rights, and make every notice stand up to judicial review.

Joint Secretary (Cyber Laws) Ajit Kumar added that the rise of fake news, misinformation and misuse of technology is a growing challenge. “Deficiencies in notices often lead to legal battles,” he said. “A comprehensive and standardised approach is key to avoid costly court challenges and ensure swift action against unlawful content.”

The government’s call for tighter, more consistent notices is part of its broader strategy to curb illegal information online while protecting civil liberties and maintaining trust in India’s digital space.

Source: ianslive


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