Meta has taken action against illegal child sexual abuse material (CSAM) on its platforms following increased scrutiny and action by the central government, officials said. The development comes as authorities step up efforts to ensure that social media platforms respond to unlawful content and comply with India's information technology regulations.
Govt Says Platforms Cannot Claim Automatic Safe Harbour
Government officials said social media companies cannot automatically rely on the legal protection of "safe harbor" when their platforms are used to host or distribute illegal content such as CSAM. Safe-harbour provisions generally protect intermediaries from being held directly responsible for unlawful material posted by users, provided they meet the conditions prescribed under law, as per reports.
However, officials clarified that the question of whether a particular platform has violated legal requirements cannot be conclusively determined by the government alone.
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Courts To Have Final Say On Legal Liability
According to officials, the courts will ultimately determine whether a social media company has breached the law and whether it remains entitled to safe-harbour protection.
This means that any dispute involving a platform's compliance, responsibility for unlawful material or eligibility for intermediary protection could ultimately be subject to judicial scrutiny.
The clarification comes amid a wider focus on the responsibilities of major technology and social media companies in preventing illegal material from circulating online.
Platforms Taking Action Against Repeated Illegal Content
The government has also said social media platforms are taking steps against illegal material that repeatedly appears on their services.
Officials indicated that platforms are responding to instances of unlawful content as part of their efforts to meet their obligations under India's regulatory framework.
The issue is particularly sensitive in cases involving CSAM, which is illegal and subject to stringent action by authorities and technology platforms.
Section 69A Action Limited To Specific Cases
The government has also clarified the nature of its intervention under Section 69A of the Information Technology Act.
Officials said action under the provision is being carried out according to established rules and is limited to specific cases rather than being applied indiscriminately.