Delhi High Court Highlights IT Rules 2021: Why Using Grievance Redressal Before Court Is Crucial
Three-tier mechanism under IT Rules empowers users to seek takedown of objectionable content directly from platforms
Courts stress complainants must exhaust statutory remedies first; skipping process may block urgent injunctions
By Our Legal Correspondent
New Delhi: December 02, 2025:
The rise of social media has brought new challenges in regulating objectionable content, defamation, and personality rights violations. To address these, the Government of India introduced the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These rules mandate a statutory grievance redressal mechanism that empowers users to file complaints directly with platforms before approaching courts.
Recent rulings by the Delhi High Court have reinforced the importance of this process, warning that complainants who bypass platform remedies may not be entitled to urgent judicial relief. This article explains the grievance redressal mechanism, the process for complainants, and why it is a critical legal step before litigation.
The Three-Tier Grievance Redressal Mechanism
The IT Rules, 2021 establish a structured system for handling complaints:
- Level I – Platform Grievance Redressal
- Every social media intermediary must appoint a Grievance Officer.
- Complaints must be acknowledged within 24 hours.
- Resolution must be provided within 15 days.
- Platforms must remove or disable objectionable content if found violative.
- Level II – Self-Regulatory Body
- Industry bodies of publishers and intermediaries oversee compliance.
- They review complaints unresolved at Level I.
- They can issue advisories and ensure uniform standards.
- Level III – Government Oversight
- The Ministry of Information & Broadcasting (MIB) acts as the oversight authority.
- It can issue directions to platforms and enforce compliance.
- This ensures accountability at the highest level.
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Process a Complainant Can Follow
A complainant seeking removal of objectionable content should follow these steps:
- Step 1: File Complaint with Platform
- Identify the platform (Facebook, YouTube, Instagram, etc.).
- Submit complaint to the designated Grievance Officer via email or online form.
- Provide details: link to content, nature of violation, and supporting evidence.
- Step 2: Wait for Response
- Platform must acknowledge within 24 hours.
- Resolution must be given within 15 days.
- Step 3: Escalate to Self-Regulatory Body
- If dissatisfied, escalate complaint to the industry’s self-regulatory body.
- They review and issue directions to the platform.
- Step 4: Approach Government Oversight
- If still unresolved, complainant can approach the Ministry of Information & Broadcasting.
- The government can order takedown or initiate further action.
- Step 5: Approach Court (if necessary)
- Only after exhausting statutory remedies should the complainant approach courts.
- Courts may deny urgent injunctions if platform remedies were not used.
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Do’s and Don’ts for Complainants
✅ Do’s
- Use Platform Remedies First: Always file complaints with the platform’s grievance officer.
- Document Evidence: Keep screenshots, links, and proof of objectionable content.
- Follow Timelines: Respect the 24-hour acknowledgment and 15-day resolution window.
- Escalate Properly: Move step by step—platform, self-regulatory body, government, then court.
- Be Specific: Clearly state how content violates rights (defamation, obscenity, impersonation, etc.).
❌ Don’ts
- Don’t Skip Process: Avoid directly approaching courts without using statutory remedies.
- Don’t File Vague Complaints: General allegations without evidence may be rejected.
- Don’t Delay: File complaints promptly to ensure timely action.
- Don’t Misuse Mechanism: False or frivolous complaints can lead to penalties.
- Don’t Expect Instant Court Relief: Courts require proof that statutory remedies were exhausted.
Why This Step is Important Before Approaching Court
The Delhi High Court has emphasized that complainants must first use the IT Rules grievance mechanism before seeking injunctions.
- Legal Requirement: Courts view statutory remedies as mandatory. Skipping them undermines due process.
- Efficient Resolution: Platforms often resolve complaints faster than courts, reducing litigation burden.
- Judicial Discipline: Courts avoid interfering unless statutory remedies fail.
- Protects Rights: Ensures personality rights and reputational concerns are addressed promptly.
- Avoids Rejection: Courts may deny urgent relief if complainants bypass platform remedies.
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Justice Manmeet Pritam Singh Arora recently observed that complainants who fail to use platform remedies may not be entitled to ex-parte injunctions, reinforcing the importance of this step.
Conclusion
The IT Intermediary Rules, 2021 provide a robust grievance redressal mechanism that empowers users to seek removal of objectionable content directly from platforms. By mandating a three-tier system—platform grievance officers, self-regulatory bodies, and government oversight—the rules ensure accountability and efficiency.
For complainants, following this process is not just advisable but legally essential. Courts have made it clear: skip the statutory remedies, and urgent relief may be denied.
As India grapples with rising online defamation, impersonation, and personality rights violations, the IT Rules grievance mechanism offers a structured path to justice—one that must be respected before knocking on the doors of the judiciary.
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