Meta admits mistake, to alert authorities on child sexual abuse material
The government is urging Meta to take more accountability for the online content shared on its platform. Following acknowledged shortcomings, Meta risks the loss of its intermediary safe harbour immunity. The company is now mandated to promptly report any instances of child sexual abuse material to the relevant authorities. The NCPCR highlighted that this safe harbour protection is conditional,…
New Delhi: The government has informed Meta that it cannot continue to claim intermediary status without accepting greater responsibility as a service provider following the tech giant's admission of lapses in addressing child sexual abuse material. This development could significantly impact Meta, potentially stripping it of the "safe harbour" immunity it currently enjoys under intermediary status.
However, Meta retains the right to contest any government decision through legal channels. The company has acknowledged its errors and committed to promptly reporting instances of child sexual abuse material to authorities.
The government has emphasized that Meta must assume a more significant role, as the company's recommendations for users and advertising systems place additional duties beyond those of a mere intermediary, which primarily hosts user content. Officials clarified that Meta must take action to eliminate child sexual abuse material, which can have severe consequences for its users, including potential suicide.
The National Commission for Protection of Child Rights (NCPCR) also cautioned Meta's representatives during their inquiry into suspected advertisements associated with child sexual exploitation and abuse material on the platform.
The two-hour meeting concentrated on the safe harbour provisions under the Information Technology Act, 2000, which grant intermediaries conditional protection from liability for third-party content. The NCPCR stressed that this protection is not absolute but relative, contingent on compliance with legal obligations, including reporting under the Protection of Children from Sexual Offences (Pocso) Act.
NCPCR officials were unconvinced by Meta's arguments regarding the applicability of safe harbour provisions and demanded evidence of adherence to the IT Act, Pocso Act, and the 2024 Supreme Court ruling on child sexual abuse material. NCPCR stressed that intermediaries cannot unconditionally claim protection under Section 79 of the IT Act in such cases.
Meta has requested additional time to address the NCPCR's questionnaire, which will be forwarded to the company. The Commission is expected to issue another summons for a subsequent hearing. The meeting was presided over by Valeti Premchand, Additional Secretary in the Women and Child Development ministry, who serves as the NCPCR chair.
Representatives from the Ministry of Electronics and Information Technology (MeitY) and the Indian Cybercrime Coordination Centre were also present. Arun Srinivas, Meta's India head, did not attend the September 9th initial summons but was joined by senior executives for the subsequent session.
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