Proposed Amendments to Section 69(A) of the IT Act, 2000

The central government is contemplating amendments to Section 69(A) of the Information Technology (IT) Act, 2000. This change aims to empower additional key ministries such as Information & Broadcasting, Home Affairs, External Affairs, and Defence to issue emergency content-blocking and takedown orders.

Current Framework

• Current Authority: Presently, only the Ministry of Electronics and Information Technology (Meity) can order emergency content takedowns and block websites or platforms.
• Process: Requests from other ministries or agencies must pass through Meity, which issues formal notices to intermediaries or service providers.

Reasons for Amendment

• Swift Action: The proposed amendments are intended to enable swift action on content by ministries with domain expertise to determine the illegality of content or websites.

Impact on Social Media and Internet Intermediaries

• Increase in Orders: The number of blocking orders issued to platforms like Facebook, Instagram, Snapchat, YouTube, and X could rise.

Details and Scope of Proposed Changes

• Stakeholder Discussions: Senior government officials and stakeholders are discussing the proposed amendments.
• Inclusion of Regulators: The scope may extend to include some regulators, with strict thresholds for content takedown.
• Sensitization Required: Ministries and regulators will need sensitization regarding the nature and need for emergency blocking powers.

Sections 69(A) and 79(3)(b) of the IT Act

• Section 69(A): Allows the central government or authorized officers to take down content to protect national interests such as sovereignty, defence, security, and public order.
• Penalties: Non-compliance can lead to up to seven years' imprisonment and fines.
• Section 79(3)(b): Allows any ministry, regulator, or agency to issue takedown notices through the Ministry of Home Affairs’ Sahyog Portal. Intermediaries must respond within three hours.

Amendments to IT Rules, 2021

• Response Time Reduction: In February, Meity reduced the content takedown response time for intermediaries from 24-36 hours to three hours.
• Non-Consensual Imagery: Such content must be removed within two hours under new rules.