Losing or limiting “safe harbour” protection could expose Meta to greater legal responsibilities for content distributed on its platforms.
Meta* may lose its intermediary status in India, under which Facebook, Instagram and WhatsApp can seek “safe harbour” protection. The provision limits platforms’ liability for content posted by their users. As per a report by PTI, Meta may no longer be considered a “simple intermediary” when its algorithms amplify content and influence what users interact with. In that case, the company may have to take greater responsibilities as a service provider.
The issue comes amid growing scrutiny of Meta’s handling of child sexual abuse material (CSAM), deepfakes and other harmful content on Facebook and Instagram in India. The Centre is also examining the role recommendation algorithms play in determining the visibility and reach of such content.
Meta said it would report child safety matters directly to the cybercrime portal managed by the Indian Cybercrime Coordination Centre (I4C). The company has previously reported such cases to the US-based National Center for Missing and Exploited Children (NCMEC).
Meanwhile, the National Commission for Protection of Child Rights (NCPCR) is conducting a formal inquiry into Meta over alleged advertisements hosted by its platforms linked to CSAM.
The commission launched the inquiry after a BBC report on such advertisements and summoned Meta India executives, including India head Arun Srinivas, twice in a week. The National Human Rights Commission (NHRC) has also sought reports from government agencies and the Delhi Police, including on whether mandatory reporting requirements under the Protection of Children from Sexual Offences (POCSO) Act, 2012, were followed in cases of child sexual abuse.
The Indian government is separately holding discussions with Meta’s leadership, seeking stronger safeguards for children and improved systems for identifying and removing illegal content. The scrutiny of the company’s algorithms reflects a broader shift in the regulation of social media — from examining how platforms respond to user-generated content to assessing the role their own recommendation systems play in amplifying and distributing such content.
*together with its subsidiaries Facebook and Instagram, Meta is banned and recognised as extremist in Russia.
Source: Inc42
