Prudent implementation of IT act crucial for managing unlawful online information, says MeitY Secretary

New Delhi: The Ministry of Electronics and Information Technology (MeitY) held a workshop titled “Management of Information on Intermediary Platforms” on October 7, 2025 to discuss ways to streamline and standardise notices issued to intermediaries under Sections 69A and 79(3)(b) of the Information Technology Act, 2000. 

The session brought together government officials, legal experts, and representatives from various departments to strengthen clarity and consistency in the management of online information.

Addressing the participants, S. Krishnan, Secretary, MeitY, elaborated on the scope and intent of Sections 69A and 79(3)(b) of the IT Act.

He noted that Section 69A empowers the government, in its executive capacity, to block online content in situations where national security, public order, or friendly relations with foreign States are at risk.

Section 79, he explained, places intermediaries on notice regarding their obligations and potential liabilities in case of non-compliance, while final adjudication lies with the judiciary.

Krishnan underlined the need for “a prudent and clear exercise of powers” under the IT Act to ensure that notices are legally sound and uphold constitutional rights. 

He stated, “Notices under Section 79(3)(b) containing directions or orders similar to Section 69A must be carefully avoided as the scope of both provisions are entirely different. The language must be clear, coupled with relevant legal provisions. 

The appropriate Government or its agency, as custodians of power, must exercise the powers cautiously. In other words, the powers must be exercised in a prudent manner so that they withstand judicial scrutiny and also balance the fundamental rights guaranteed under the Constitution of India.”

In his welcome address, Ajit Kumar, Joint Secretary (Cyber Laws), highlighted the challenges posed by misinformation, fake news, and misuse of digital platforms.

He pointed out that inconsistencies in notices often result in judicial disputes, reinforcing the need for a standardised and comprehensive approach in their drafting.

The workshop encouraged consensus among government departments on developing a uniform notice format to improve clarity, coherence, and implementation efficiency.

It also emphasised the importance of incorporating essential legal elements in notices issued under Section 79(3)(b) to curb the spread of unlawful content effectively.

Participants included representatives from the Indian Cyber Crime Coordination Centre (I4C), Department of Legal Affairs (DoLA), Indian Army, MeitY, and various other Ministries and departments.

The discussions centred on promoting responsible digital governance through precise communication, legal consistency, and collaborative enforcement mechanisms.