From 36 hours to 3 hours: Why India is now pushing social media companies to block content quicker

The Union IT Ministry on Tuesday notified amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. One of the most contentious changes it has implemented is that social media platforms must now remove content within two-three hours as opposed to 24-36 hours before. Industry executives say the new timeline is the shortest takedown window prescribed by any government in the world. The rules have set alarm bells ringing within tech companies, who say that they were never formally consulted with before the change was notified. Government officials, though, say that there were enough discussions with the industry, and the timeline has been compressed following feedback from people who have been impacted as platforms did little to curb content virality quickly. This could set the stage for a fresh tiff between tech companies and the government. These measures also come just a few days after India and the US announced a framework for an interim trade deal, signalling, among other things, a general reduction in non-tariff barriers in digital trade. However, many fear that the strict social media rules could significantly add to tech companies’ regulatory compliance burden and affect a a number of American social media companies. On February 6, when the two countries issued a joint statement on the trade pact, they said, “The United States and India commit to address discriminatory or burdensome practices and other barriers to digital trade and to set a clear pathway to achieve robust, ambitious, and mutually beneficial digital trade rules as part of the Bilateral Trade Agreement (BTA). To be sure, the measure does not exclusively apply to American tech companies, but also impacts local and non-US ones such as Sharechat and Telegram. However, India’s online, social media and AI space is largely dominated by American companies such as Facebook, Instagram, WhatsApp, Google, YouTube, X, ChatGPT, Adobe etc. ## India’s strict social media rules The requirement to take down content quicker does not just apply to AI-generated content but a wide range of content that the law deems unlawful. Platforms must now remove non-consensual intimate imagery within two hours, as opposed to 24 hours earlier, and other forms of unlawful content within three hours, from an earlier requirement to act on it within 36 hours. This change is expected to receive wide pushback from big tech firms. They may raise concerns around heavy compliance burden, because if they fail to act on flat content within the new prescribed timelines, it might result in a loss of safe harbour — a critical immunity that protects them from legal actions for hosting user generated content. The government official said that timelines have been compressed as they received feedback from several stakeholders that the previous timelines were too long and did not prevent a content’s virality. “Tech firms certainly have the technical means to remove unlawful content much more quickly than before,” the official said. Social media executives, however, said that carrying out content blocks in such a short window would not be technically feasible. Legal experts also agreed with tech companies’ assessment. “The amendments compress takedown timelines from 36 hours to just three hours, and this applies across all categories of content, not only synthetic or AI-generated material. In reality, there is often no clear or immediate test for illegality, and even law-enforcement communications do not always spell this out unambiguously. Requiring platforms to take definitive action within such a short window will be extremely difficult to operationalise and creates a real risk of over-censorship,” said Rahil Chatterjee, Principal Associate at the Delhi-based Ikigai Law. US has raised concerns over other countries’ laws impacting American companies Though many may not view a local social media law as a non-tariff barrier, the current US administration has a track record of attacking other governments over enforcement of such laws. For instance, last year when the European Union fined X $140 million for violating one of the bloc’s key social media laws, it kickstarted a wave of pushback from the US administration. US Vice President JD Vance said: “Rumors swirling that the EU commission will fine X hundreds of millions of dollars for not engaging in censorship. The EU should be supporting free speech, not attacking American companies over garbage.” US Secretary of State Marco Rubio said the fine was an “attack on all American tech platforms and the American people by foreign governments”. Last year, a report by the US Trade Representative’s (USTR’s) office had raised concerns around India’s non-tariff barriers surrounding India’s domestic security testing requirements for broadband gears, citing additional compliance costs. India had removed this particular requirement then. New AI rules Aside from the strict takedown timelines, India also notified new rules governing the creation and dissemination of AI generated content online. Under the fresh amendments, the government has removed an earlier proposal (from last October) to apply a label to content generated through AI tools to cover at least 10% of the space, but under the notified rules, that has been changed to place “prominently” visible labels. The specific 10% requirement has been done away with. The changes will come into effect on February 20, the final day of the upcoming India-AI Impact Summit. A senior government official said that the change was made as tech companies, during consultations, flagged that the 10% label requirement would take away space from the actual piece of content, making it unappealing for viewers. However, the proposal had also courted pushback from tech companies. As per the new rules, the definition of synthetically generated information now has carveouts for assistive and quality-enhancing uses of AI. Routine and good faith editing of audio, video or audio-visual content is excluded from the definition of SGI. When an intermediary becomes aware that its service has been used for creating, disseminating or hosting SGI, it must take “appropriate” and “expeditious” action, including measures like immediate disabling of access or removal of such information, suspension or termination of user accounts, etc. In cases where an intermediary allows for creation, modification or sharing of SGI, it must employ “reasonable” and “appropriate” technical measures to not allow SGI that violates currently applicable laws or leads to misrepresentation of a real-world event or a person’s identity. Big tech companies must also ensure that they require users to declare when information is SGI, deploy appropriate technical measures to verify the accuracy of such information and once verified, ensure that the same is clearly and prominently displayed with an appropriate label or notice. Soumyarendra Barik is a Special Correspondent with The Indian Express, specializing in the complex and evolving intersection of technology, policy, and society. With over five years of newsroom experience, he is a key voice in documenting how digital transformations impact the daily lives of Indian citizens. Expertise & Focus Areas Barik’s reporting delves into the regulatory and human aspects of the tech world. His core areas of focus include: The Gig Economy: He extensively covers the rights and working conditions of gig workers in India. Tech Policy & Regulation: Analysis of policy interventions that impact Big Tech companies and the broader digital ecosystem. Digital Rights: Reporting on data privacy, internet freedom, and India's prevalent digital divide. Authoritativeness & On-Ground Reporting: Barik is known for his immersive and data-driven approach to journalism. A notable example of his commitment to authentic storytelling involves him tailing a food delivery worker for over 12 hours. This investigative piece quantified the meager earnings and physical toll involved in the profession, providing a verified, ground-level perspective often missing in tech reporting. Personal Interests Outside of the newsroom, Soumyarendra is a self-confessed nerd about horology (watches), follows Formula 1 racing closely, and is an avid football fan. Find all stories by Soumyarendra Barik here. ... Read More