India's New 3-Hour Takedown Rule: Implications for Social Media Platforms
Content Team
India has introduced a stringent 3-hour takedown rule for social media platforms, raising concerns about compliance and censorship. Explore the implications.
Overview of New Regulations
India's amended Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, significantly tighten the timeframe for content removal. The new regulations require:
A three-hour window for removing government-flagged unlawful content (down from 36 hours).
A two-hour window for non-consensual intimate imagery and deepfakes (dow
n from 24 hours).
These changes aim to combat rising concerns over online abuse, misinformation, and national security. Platforms are also required to label AI-generated content and deploy automated tools to block unlawful uploads.
Concerns from Critics
Legal experts and digital rights advocates have raised alarms about the practicality of these regulations. Akash Karmakar, a technology law specialist, stated, "It’s practically impossible for social media firms to remove content in three hours. This assumes no application of mind or real-world ability to resist compliance" (Asia Financial). Critics argue that the new timelines are not only impractical but also increase operational costs for platforms.
Additionally, the rules mandate that platforms acknowledge user grievances within seven days and resolve them within 36 hours, down from 72 hours. Failure to comply could result in the loss of safe harbour protections under the IT Act, further complicating the landscape for social media companies.
Potential Impact on Censorship
One of the most pressing concerns surrounding these regulations is the potential for increased censorship. Shreya Suri, a partner at CMS IndusLaw, noted that the amendments might shift intermediaries from neutral hosts to active content regulators, which could undermine safe harbour protections (Economic Times). This shift raises fears that platforms may err on the side of caution, leading to the removal of legitimate content to avoid penalties.
In the first six months of 2025, Meta restricted over 28,000 pieces of content in India following government requests, highlighting the growing pressure on platforms to comply with government demands (Asia Financial).
Conclusion
The introduction of a three-hour takedown rule in India marks a significant shift in the regulatory landscape for social media platforms. While the intention behind these regulations may be to enhance user safety and combat misinformation, the practical challenges and potential for increased censorship raise critical questions about the future of free speech online. As these rules come into effect, the balance between regulation and freedom of expression will be closely scrutinized.
