Can India revoke Meta's safe harbour protection? Why Facebook, Instagram and WhatsApp are under scrutiny

Meta is facing significant scrutiny in India after a parliamentary panel questioned the company's handling of content related to Prime Minister Narendra Modi and raised concerns over the potential withdrawal of its safe harbor protection under Indian law. The parliamentary panel's concerns stem from Meta's restrictions on the Prime Minister's Facebook post, and the company's lapses in content moderation, including issues related to child sexual abuse material and deepfakes.

Safe harbor protection, provided under Section 79 of the Information Technology Act, 2000, shields platforms like Facebook, Instagram, and WhatsApp from liability for user-generated content, provided they comply with the law and meet due diligence requirements. However, the protection comes with conditions, such as neutral operations and adherence to guidelines and ethical codes.

Meta has apologized for the temporary restriction on Prime Minister Modi's Facebook post, citing it as a technical error. The company also apologized for content moderation lapses during a meeting with Information Technology Minister Ashwini Vaishnaw. Meta CEO Mark Zuckerberg apologized to Indian government officials for child sexual abuse content and deepfakes on the company's platforms.

The parliamentary panel's recommendations could potentially impact Meta's safe harbor protection, as legal experts suggest that the loss of intermediary immunity could lead to civil and criminal cases for user-generated content across Meta's platforms. Legal experts indicate that the loss of safe harbor protection cannot be done overnight and would require changes to the legal framework, as the current law treats the loss of immunity as content-specific rather than platform-wide.

The parliamentary standing committee cannot revoke safe harbor protection on its own but must recommend the government to examine the issue, with further action following the legal process under the Information Technology Act. India is Meta's largest market by users, with the company's platforms having the highest number of monthly active users in the country.