In February 2021, the Central Government published the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021). Part-II of these Rules (now onwards referred to as Intermediary Rules) mandated the publication of monthly compliance reports by ‘significant social media intermediaries’ (“SSMIs”).

The compliance reports are (broadly) required to discuss how SSMIs tackle complaints and proactively disable or remove content within their platforms. It is assumed that the intent behind these reporting obligations is to ensure, through regulation, that social media companies operating in India are transparent and accountable to their users in their content moderation practices. By requiring that SSMIs publish compliance reports on a monthly basis, both governments and users can develop insights into the effectiveness of grievance redressal mechanisms offered by social media companies, their compliance with Indian laws in their content removal practices, and their capacity to proactively remove unlawful content. Several SSMIs have been publishing monthly compliance reports as required under the Intermediary Rules. This includes Facebook, Instagram, WhatsApp, YouTube, X, Snap, ShareChat, Koo and LinkedIn (“Reporting SSMIs”).

The report evaluates how SSMIs are addressing their transparency obligations under the Intermediary Rules. While most platforms generally comply, the inherent flexibility and ambiguity of the rules leave certain aspects lacking. Even though some platforms voluntarily exceed the mandated disclosures, transparency remains inconsistent overall. To address this, modifications to the Intermediary Rules could help strengthen the compliance process, ensuring that the original intent of the rules is met more comprehensively. Alternatively, the government can invoke its powers under Rule 4(9) to request additional information, ensuring greater consistency and uniform disclosures across platforms. The report also notes some of the additional disclosures (not mandated by the Intermediary Rules) that SSMIs have been making within India, and the disclosures that some of the reporting SSMIs are obligated to make in other jurisdictions. Based on a cumulative assessment of these disclosures.