Centre Weighs Withdrawing Safe Harbour For Meta, Google, X: Report

The Indian government is considering withdrawing safe harbour protection from major social media platforms like Meta, Google and X, according to a recent report. This could expose the companies to legal liability for content posted by their users, The Indian Express reported. The Ministry of Electronics and Information Technology (MeitY) is discussing whether these platforms should continue to be protected under Section 79 of the Information Technology Act, 2000.

The government is examining if the protection should be limited to services that merely transmit information, such as ISPs, TSPs and peer-to-peer messaging platforms. However, no final decision has been made as these discussions remain exploratory. Withdrawing the protection would likely require amendments to the IT Act and parliamentary approval.

The move comes amid growing concerns over harmful content, child safety and the impact of recommendation algorithms on user experience. The Supreme Court has also sought responses on a petition seeking a regulatory framework to protect children from online harms and algorithmic addiction. The court has questioned the adequacy of existing legal protections and emphasized that the withdrawal of safe harbour should only be reserved for serious violations.

The discussions have been influenced by the government's concerns over social media's role in public discourse, particularly during recent student protests. Relations between the government and social media companies have been strained, with the IT Ministry summoning Meta's executives over the temporary withdrawal of a Prime Minister's video during the protests.

The Parliamentary Standing Committee on Communications and Information Technology has also called for stricter measures against social media platforms. However, any withdrawal of safe harbour protection is likely to face opposition from the tech industry and civil society groups.