**Executive Summary**
The document addresses the increasing exposure of children to harmful content on social media platforms. The Government of India acknowledges the challenge and has adopted measures to enhance platform accountability through legal frameworks, guidelines, and awareness programs. The key legislation includes the IT Act, IT Rules 2021, DPDP Act 2023, BNS 2023 and the POCSO Act 2012.
**Key Points / Main Content**
* **Legal Frameworks:**
* **IT Act, 2000 and IT Rules, 2021:** These impose stringent obligations on intermediaries to deal with unlawful and harmful content, including social media platforms. This legislation provides punishment for cyber offenses.
* **Digital Personal Data Protection (DPDP) Act, 2023:** Requires verifiable parental consent for processing children's personal data and prohibits detrimental practices like tracking and targeted advertising.
* **Bharatiya Nyaya Sanhita (BNS), 2023:** Strengthens legal framework to address offenses involving online harm, obscenity, misinformation, and other cyber-enabled crimes.
* **Protection of Children from Sexual Offences (POCSO) Act, 2012:** Provides provisions to safeguard children against sexual abuse and sexual harassment, including penalizing the use of children in media for sexual gratification.
* **Key Provisions under IT Rules, 2021:**
* **Restricted Information:** Hosting, storing, or transmitting obscene, harmful, or misleading content is restricted.
* **User Awareness Obligations:** Intermediaries must inform users about the consequences of sharing unlawful content.
* **Accountability in Content Removal:** Intermediaries must act expeditiously to remove unlawful content.
* **Grievance Redressal:** Intermediaries must appoint Grievance Officers to resolve complaints within specified timelines.
* **Grievance Appellate Committees (GACs):** Users can appeal to GACs if complaints are not addressed by intermediaries' Grievance Officers.
* **Assistance to Government Agencies:** Intermediaries must provide information for identity verification and the prevention of offenses.
* **Additional Obligations for SSMIs:** These include helping law enforcement trace originators of serious content, using automated tools to detect unlawful content, publishing compliance reports, and offering voluntary user verification.
* **Additional Framework for Protecting Children:**
* National Commission for Protection of Child Rights has issued guidelines for cyber safety and awareness.
* The National Council of Educational Research and Training (NCERT) has released a handbook on "Safe online learning in times of COVID-19”.
* India's multi-layered cyber response ecosystem includes GACs, I4C, SAHYOG Portal, National Cyber Crime Reporting Portal, CERT-In, Awareness campaigns and the ISEA program.
**Impact Analysis**
**Stakeholder:** Social Media Intermediaries (including significant social media intermediaries)
**Impact:** Increased compliance obligations to prevent hosting unlawful content, implement content moderation, respond to user grievances, and assist law enforcement. Potential loss of exemption from third-party information liability if legal obligations are not met.
**Action Required:** Review and update policies, terms of service, and content moderation practices to align with the IT Rules 2021, DPDP Act 2023, BNS 2023, and POCSO Act 2012. Appoint Grievance Officers and establish transparent grievance redressal mechanisms.
**Stakeholder:** Users (Especially Children and Parents)
**Impact:** Increased protection against harmful online content. Access to grievance redressal mechanisms and awareness resources.
**Action Required:** Understand the consequences of sharing unlawful content. Utilize grievance redressal mechanisms to report inappropriate content. Parents should monitor their children’s online activity and utilize available parental control tools.
Key Entities Referenced
Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021: Rules which cast due diligence obligations on intermediaries including social media to prevent unlawful content, including special considerations for children. Commonly referred to as IT Rules, 2021.
Information Technology Act, 2000: Provides punishment for cyber offences and empowers police to investigate related crimes.
Digital Personal Data Protection (DPDP) Act, 2023: Establishes legal framework to regulate processing of digital personal data, especially for children, requiring verifiable parental consent.
Ministry of Electronics and Information Technology: The ministry responsible for addressing the exposure of children to harmful content on social media platforms.
Protection of Children from Sexual Offences (POCSO) Act, 2012: Defines a child as any person below 18 and provides for provisions to safeguard children against sexual abuse and harassment including on media.
GOVERNMENT OF INDIA
MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY
LOK SABHA
UNSTARRED QUESTION NO. 1684
TO BE ANSWERED ON: 10.12.2025
HARMFUL CONTENT ON SOCIAL MEDIA PLATFORMS
1684. DR. M P ABDUSSAMAD SAMADANI:
Will the Minister of ELECTRONICS AND INFORMATION TECHNOLOGY be pleased to state:
(a) whether the Government has taken note of the increasing exposure of children below 18 years to
harmful, addictive or age-inappropriate content on social media platforms;
(b) whether the Government proposes to introduce or strengthen regulatory measures requiring
platforms to enforce mandatory age-verification, parental controls, time-use limits and content-
moderation safeguards for minors;
(c) whether social media intermediaries are presently obligated under the Information Technology
(Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, to ensure a safe online
environment for children and the extent of compliance by major platforms;
(d) whether the Government plans to develop a national framework in consultation with experts in child
psychology, education and cybersecurity to address risks such as cyberbullying, online grooming,
privacy violations and digital addiction among children; and
(e) if so, the details thereof and the timeline for implementation?
ANSWER
MINISTER OF STATE FOR ELECTRONICS AND INFORMATION TECHNOLOGY
(SHRI JITIN PRASADA)
(a) to (e): The policies of the Government are aimed at ensuring an Open, Safe and Trusted and
Accountable Internet for its users, including children.
With the expansion of the Internet and more users accessing it, the risk of exposure to inappropriate
content and the harmful effects of these activities have also increased.
The Government is cognizant of this challenge and the harms arising out of exposure to content which is
harmful, addictive, or age-inappropriate. The Government has adopted a series of measures to enhance
platform accountability on social media.
Legal frameworks to counter unlawful content on social media platforms
Information Technology (IT) Act, 2000
The IT Act and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code)
Rules, 2021 (IT Rules, 2021), together, have put in place a stringent framework to deal with unlawful andharmful content in the digital space and impose clear obligations on intermediaries to ensure
accountability.
The IT Act provides punishment for various cyber offences such as identity theft (section 66C),
impersonation (section 66D), privacy violations (section 66E), publishing or transmitting obscene or
sexually explicit content (sections 67, 67A, 67B).
It also empowers Police to investigate offences (section 78), enter public place and search and arrest
suspected person (section 80).
IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
The IT Rules, 2021 cast due-diligence obligations on intermediaries, including social media
intermediaries, and require them to implement these obligations effectively so as to prevent the hosting or
transmission of unlawful content.
Key provisions under IT Rules, 2021:
Provision Details
Restricted information Restricts hosting, storing, transmitting, displaying or publishing
under Rule 3(1)(b) information/content that, among other things, is:
• obscene, pornographic, invasive of another’s
privacy, insulting or harassing on the basis of gender, racially
or ethnically objectionable, or promoting hate or violence;
• harmful to child;
• deceives or misleads, including through deepfakes;
• impersonates others, including via Artificial Intelligence;
• threatens national security or public order;
• violates any applicable law.
User Awareness Intermediaries must clearly inform users through terms of service and
Obligations user agreements about the consequences of sharing unlawful content,
including content removal, account suspension, or termination.
Accountability in Intermediaries must act expeditiously to remove unlawful content
Content Removal upon court orders, reasoned intimation from Government, or user
grievances, within prescribed timelines.
Grievance Redressal • Intermediaries to appoint Grievance Officers
• Mandates to resolve complaints through removal of unlawful
content within 72 hours.
• Content violating privacy, impersonating individuals, or
showing nudity must be removed within 24 hours against any
such complaint.
Grievance Appellate Users can appeal online at www.gac.gov.in if their complaints are not
Committees (GACs) addressed by the intermediaries’ Grievance Officers. GACs ensure
Mechanism accountability and transparency of content moderation decisions.Assistance by Intermediaries must provide information under their control or
Intermediaries to assistance to authorised Government agencies for identity verification,
Government Agencies or for the prevention, detection, investigation, or prosecution of
offences, including cyber security incidents.
Additional • SSMIs offering messaging services must help law enforcement
Obligations trace originators of serious or sensitive content.
of significant social • SSMIs to use automated tools to detect and limit spread of
media intermediaries unlawful content.
(SSMIs) (i.e., social • SSMIs to publish compliance reports, appoint local officers,
media intermediaries and share physical address based in India for compliances and
having 50 lakhs or law enforcement coordination.
above registered user • SSMIs to offer voluntary user verification, internal appeals,
base in India) and fair hearing before taking suo-moto action.
In case of failure of the intermediaries to observe the legal obligations as provided in the IT Rules, 2021,
they lose their exemption from third party information provided under section 79 of the IT Act.
They are liable for consequential action or prosecution as provided under any extant law.
Digital Personal Data Protection (DPDP) Act, 2023
The DPDP Act establishes the legal framework to regulate the processing of digital personal data of users.
It allows Data Fiduciaries to process the personal data of children only with verifiable parental consent.
It also prohibits processing of personal data which is detrimental to the well-being of children or involves
tracking, behavioural monitoring or targeted advertising.
Bharatiya Nyaya Sanhita (BNS), 2023
The BNS, 2023 strengthens the legal framework to address offences involving online harm, obscenity,
misinformation and other cyber-enabled crimes, including those committed through social media
platforms.
• Provides punishment for offences like obscene acts and songs (Section 296), sale of obscene
material including display of any such content in electronic form (Section 294)
• Section 353 aims to curb the spread of misinformation and disinformation by penalizing the act of
making false or misleading statements, rumours, or reports that can cause public mischief or fear.
Protection of Children from Sexual Offences (POCSO) Act, 2012
The POCSO act defines a child as any person below the age of 18 years and provides for provisions to
safeguard children against sexual abuse and sexual harassment.
• Section 13 criminalises the use of a child in any form of media—whether electronic, printed, or
broadcast—for the purpose of sexual gratification.
• Section 14 prescribes punishment of imprisonment for not less than five years and a fine for the
first offence. For subsequent convictions, the punishment increases to imprisonment for not less
than seven years and a fine.
• Section 15 lays out a graded punishment system for possessing, storing, or failing to report
pornographic material involving children.Additional framework for protecting children
• National Commission for Protection of Child Rights has issued several guidelines to enhance cyber
safety and create awareness among children, parents and schools. These include:
i. Guideline and standard content for raising awareness among children, parents, educators and
general public titled “Being Safe Online” which is available at
https://ncpcr.gov.in/public/uploads/16613370496305fdd946c31_being-safe-online.pdf
ii. Guidelines on Cyber Safety (for inclusion in) Manual on Safety and Security of Children in
Schools which is available at:
https://ncpcr.gov.in/uploads/16613369326305fd6444e1b_cyber-safety-guidline.pdf
iii. Guidelines for Schools for prevention of bullying and cyber bullying” which is available at
https://ncpcr.gov.in/uploads/1714382687662f675fe278a_preventing-bullying-and-cyberbullying-
guidelines-for-schools-2024.pdf
The National Council of Educational Research and Training (NCERT) has also released a handbook on
“Safe online learning in times of COVID-19”. The handbook is available at
https://ncert.nic.in/pdf/announcement/Safetolearn_English.pdf
India’s multi-layered cyber response ecosystem includes institutional, regulatory and public awareness
mechanisms to address cyber crimes, user grievances, and unlawful content:
• GACs– Provide an appellate forum appeal against the decisions of intermediaries.
• Indian Cyber Crime Coordination Centre (I4C) – Coordinates actions related to cyber crimes
across States.
• SAHYOG Portal– Enables automated, centralized intimations to intermediaries for removal of
unlawful content by authorised agencies across India.
• National Cyber Crime Reporting Portal – Citizens can report incidents through this portal at
https://cybercrime.gov.in (helpline number 1930) which has special focus on cyber crimes against
women and children.
• CERT-In – The Indian Computer Emergency Response Team (CERT-In) regularly issues
guidelines on cyber security threats and countermeasures.
• Awareness campaigns – MeitY observes the Cyber Security Awareness Month (NCSAM) during
October of every year, Safer Internet Day on 2nd Tuesday of February every year, Swachhta
Pakhwada from 1st to 15th February of every year and Cyber Jagrookta Diwas (CJD) on 1st
Wednesday of every month by organising various events and activities for citizens as well as the
technical cyber community in India.
• Information Security Education & Awareness (“ISEA”) program has been launched to
generate awareness among users while using internet. A dedicated website has been created for
information security awareness that generates and upgrades relevant awareness material on a
regular basis and can be accessed at https://www.infosecawareness.in.
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