In short
- Pick the route by the problem: contract notice for your campaign, platform forms for IP misuse, a grievance officer for other complaints, prompt compliance for regulator orders.
- Edit before you delete where an edit fixes it, and fix every copy. ASCI applies a recommendation on a complaint's three main claims across all media, including YouTube and websites.
- Under the IT Rules (updated 10 February 2026), platforms must act within three hours of a court order or authorised government intimation, and acknowledge user complaints in 24 hours.
- A platform report is a serious step. Instagram and YouTube pass your details to the poster, and neither will judge a dispute that needs detailed trademark analysis.
A brand gets a creator's post taken down by choosing the right route for the problem and starting the clock in writing. For its own campaign, that route is a contract notice to the creator. For misuse of its marks or content by a third party, it is a platform report or a grievance officer. When a regulator or ASCI has told the brand to act, the brand takes down its own ads and posts, and finds every copy.
Our influencer crisis management playbook explains when to edit, take down or stay quiet. This post goes one level below it and covers the mechanics: who can order what, which form to use, which deadlines are in official documents and what to check afterwards. It sits under our complete guide to influencer marketing in India and our ASCI influencer guidelines explainer.
Six routes
| Route | Use it when | Who acts | The clock we can source |
|---|---|---|---|
| 1. Contract notice | A creator's post on your campaign breaks the brief or the rules | The creator | Whatever your contract says; 24 hours is our usual ask |
| 2. Licence expiry | Your usage period has ended | You | Your contract's run-off period |
| 3. Platform IP report | A third party or ex-partner misuses your marks or content | The platform | Not published by Instagram or YouTube in the pages we read |
| 4. Grievance officer | A platform user complaint outside the IP forms | The platform's grievance officer | Acknowledge in 24 hours; resolve in seven days |
| 5. ASCI, CCPA or FSSAI direction | You are told to withdraw or modify | You | ASCI: 10 business days; CCPA: as specified in the order; FSSAI: stop at once, corrective advertisement in 30 days |
| 6. Court order | A court directs removal | You and the platform | Platform: three hours under the IT Rules |
Route 1: the contract notice
A notice works when it is specific, dated and tied to the contract. Include the post link and a screenshot, the clause, what is wrong, what you want (edit or delete), a deadline in hours, the way to confirm and the payment consequence.
Choose between an edit and a deletion on the facts.
| Problem | Edit | Delete or re-post |
|---|---|---|
| Missing label in a caption | Yes, add it as the first line | Not needed |
| Label missing from the video itself | Cannot be edited into a posted video | Re-post with the label on screen |
| Wrong link or discount code | Yes | Not needed |
| A claim that is false or unapproved | Only if removing the words fixes the whole post | Yes, when the claim is in the video or central |
| Content that causes harm or offence | No | Yes, and see the crisis guide |
| Licence ended | Not applicable | Remove or stop as the contract provides |
A label burned into a video is a practical point, not a rule: you cannot change pixels in a posted Reel, so the fix is a new post.
Find every copy
ASCI's procedures say that where a complaint raises many objections, it takes up three main claims per ad, and a council recommendation on those claims applies against the same claims across all media wherever identical claims are made. Its review procedures also ask an advertiser who wants a review to remove the objected claims across all media, including print, television, YouTube and websites. A fix that covers only the post named in the complaint will fail on the next audit.
| Where the content lives | Who controls it | How to remove |
|---|---|---|
| The creator's original post | Creator | Notice under route 1 |
| Creator's Stories, highlights and pinned comments | Creator | Name them in the notice |
| Your repost on brand handles | You | Delete or edit |
| A partnership ad from the creator's handle | You and the creator | Pause the ad in your account; the creator can also revoke permission, which Instagram says they can do at any time |
| A brand-handle ad using the creator's video | You | Pause or replace |
| Website, landing page or marketplace embed | You | Remove and re-publish the page |
| Third-party reposts | The reposter | Platform report, route 3 or 4 |
Build the list on day one, because the ad account is the copy that spends money. Our crisis guide says to pause ads first, and our creator ads and whitelisting service shows how those ads are structured.
Route 3: platform IP reports
Both platforms ask for the rights owner or an authorised representative, and both tell the uploader.
| Platform | Form | What it needs | What happens next |
|---|---|---|---|
| Instagram and Threads | Trademark report; copyright form | Full contact details, the mark, the basis for the claim with any registration number, the jurisdiction, the goods or services category, direct links to each post, a description of the infringement and a declaration under penalty of perjury | Instagram says it regularly gives the rights owner's name, your email and the report details to the poster, and that it cannot adjudicate disputes needing in-depth analysis |
| YouTube, trademark | Trademark webform | Legal name, relationship to the owner, jurisdiction and registration number, each URL, how the mark is infringed, three legal statements and a signature | YouTube does a limited investigation, removes content in clear cases and forwards the complaint to the uploader |
| YouTube, copyright | Studio removal request | Direct links, good-faith statement and a statement under penalty of perjury | Removal can be scheduled to take effect in 7 days, giving the uploader time to avoid a strike; a request cannot cover a whole channel or playlist |
Two cautions. Instagram says submitting a trademark claim is a serious matter with potential legal consequences, and suggests messaging the poster first. And if the poster is a creator you still work with, a scheduled YouTube removal is the courteous option.
Route 4: the grievance officer
The IT Rules require every intermediary to publish the name and contact of a Grievance Officer. As updated on 10 February 2026, the officer must acknowledge a complaint within 24 hours and resolve it within seven days (earlier text: fifteen days). A shorter 36-hour track applies to complaints about most categories of prohibited content under rule 3(1)(b), but it excludes complaints that content belongs to another person, infringes IP, or violates a law. So an infringement complaint to a grievance officer runs on the seven-day clock.
Rule 3(2)(b) sets two hours for a complaint by an individual, or on their behalf, about content that exposes private areas, shows nudity or sexual acts, or is impersonation in electronic form, including artificially morphed images. If a synthetic version of your spokesperson is circulating, the individual or someone acting for them can use that route. MeitY's FAQ gives 20 February 2026 as the commencement date for the amendment, which we rate Medium confidence.
Route 5: when you are the one told to act
| Who | Deadline | What to do |
|---|---|---|
| ASCI council recommendation | 10 business days to withdraw or modify; then a Vice-Chairman letter with 5 more business days | Fix all copies; confirm compliance in writing; do not say ASCI cleared the fix |
| CCPA direction | As specified in the order under section 21(1) | Comply the same day; section 88 provides up to six months in prison, a fine up to ₹20 lakh, or both for failing to comply |
| FSSAI order | Regulation 15 lets FSSAI require you to stop at once and issue a corrective advertisement within 30 days through the same medium | Follow the order; see food claims |
Our ASCI complaint process post sets out the council steps, and brand liability for influencer posts explains what section 88 and section 89 mean for a brand.
Route 6: court orders
Under the IT Rules as updated, an intermediary must remove content within three hours of a court order or of a reasoned written intimation from an authorised government officer. That sets the pace for you: if a court orders content down, prepare to comply on the same day, because the platform will not wait. Take the order straight to counsel. We have not sourced court procedure, and we do not describe injunction practice here.
A 48-hour clock for route 1 to 3
These timings are our practice.
| Hour | Step | Owner |
|---|---|---|
| 0 to 1 | Screenshot and record the post, caption, comments, insights and links; note the time | Community lead |
| 1 to 4 | Pause ads and scheduled posts; send the notice | Paid social owner; creator manager |
| 4 to 24 | Creator edits, deletes or re-posts; you confirm with screenshots | Creator manager |
| 24 to 48 | No response: contact any manager named in the contract; file a platform report if a third party | Creator manager; counsel |
| After 48 | Hold payment; escalate under the dispute clause | Brand owner; see influencer dispute resolution |
Check, log and learn
After the creator says it is done, check it yourself. Open the post from a logged-out browser, check Stories highlights and pinned comments, search the creator's profile for reposts, and check your own ad account and website. Keep a log with the date, the link, the reason, who acted, the confirmation screenshot and any platform report number. Then fix the cause: the brief, the approval step or the vetting. Our disclosure line templates remove the most common cause, a missing or buried label.
What we could not source
Instagram and YouTube do not publish response times in the pages we read, so do not plan around any. We rely on MeitY's consolidated text as updated on 10 February 2026 and on its FAQ for the commencement date, and we did not review other IT Act provisions on intermediary liability. We did not source court procedure for injunctions, and the 24-hour notice window and the 48-hour clock are our practice, not rules.
To have a takedown route and a copy inventory built into your next campaign, ask for a creator plan. Our influencer marketing strategy service covers the planning.
This is general information, not legal advice.
Sources
- The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, updated as on 10.02.2026 (rules 3(1)(b), 3(1)(d), 3(2)), MeitY (10 Feb 2026)
- ASCI Complaints Procedures (edition January 2025): post-council procedure, re-examination, CCC review, Independent Review Process, ASCI (January 2025)
- Complaint FAQ, ASCI (undated page, accessed 1 Nov 2026)
- The Consumer Protection Act, 2019 (sections 21 and 88), Gazette of India (9 Aug 2019)
- How to report trademark infringement on Instagram or Threads, Instagram Help Centre (Meta) (undated, accessed 1 Nov 2026)
- Information that you need to include in a trademark report on Instagram or Threads, Instagram Help Centre (Meta) (undated, accessed 1 Nov 2026)
- About partnership ad permissions, Instagram Help Centre (Meta) (undated, accessed 1 Nov 2026)
- File a trademark complaint, YouTube Help (Google) (undated, accessed 1 Nov 2026)
- Submit a copyright removal request, YouTube Help (Google) (undated, accessed 1 Nov 2026)
- Food Safety and Standards (Advertising and Claims) Regulations, 2018, compendium (regulation 15: corrective advertisement), FSSAI (14 Dec 2022)
Frequently asked questions
How do I get an influencer to take down a post?
Send a written notice that quotes the contract clause, names the post, says whether you want an edit or a deletion, sets a deadline in hours and asks for a screenshot as confirmation. The contract is what makes the request enforceable. Without a clause you can ask but not insist. See influencer contracts in India.
How fast must a platform remove content?
It depends on the route. Under the IT Rules as updated on 10 February 2026, an intermediary must remove content within three hours of a court order or a reasoned intimation from an authorised government officer. For user complaints, the grievance officer must acknowledge within 24 hours and resolve within seven days, with a 36-hour track for some categories that excludes IP complaints.
Can I report a creator's post for misusing our trademark?
Yes, if you are the owner or an authorised representative. Instagram and YouTube both have trademark forms. Both pass your details to the uploader, and Instagram says it will not act on reports that need in-depth trademark analysis. Try the creator first if you still work together. See trademark and comparative claims.
What if ASCI or the CCPA tells us to take a post down?
ASCI gives you ten business days to withdraw or modify after a council recommendation, and then escalates. Under section 21 of the Consumer Protection Act, the CCPA can direct you to discontinue or modify an ad within the time it specifies, and section 88 punishes non-compliance. Act the same day. See our ASCI complaint process post.
Should we edit or delete a problem post?
Edit when an edit fixes the problem, such as a caption label or a wrong link, because it keeps the content and reads as a correction. Delete when the claim is false, the content causes harm or the licence has ended. A label burned into a video cannot be added by editing, so that case needs a re-post. Our crisis guide covers the decision.
What happens to creator content when the licence expires?
Ads stop on the end date, with any run-off the contract allows, and the brand removes the content from its website, listings and reposts if the contract says so. Put a reminder two weeks before expiry. Our content licence template has the expiry clause.