Govt mulls removing blanket protection for social media platforms

The Ministry of Electronics and Information Technology (MeitY) has reportedly started discussions on withdrawing the blanket legal immunity granted to social media platforms for user-generated content. This move could change how companies like Facebook, Instagram, YouTube and X operate in India.

According to media reports, the government is reviewing whether the safe harbour protection under Section 79 of the Information Technology (IT) Act, 2000, should be limited to intermediaries that only transmit information. These include internet and telecom service providers and peer-to-peer messaging platforms.

Under the proposed approach, social media companies that use algorithms to rank, recommend, promote or suppress content may lose protection against legal liability for user-posted material. The government believes such platforms are no longer passive carriers because their algorithms affect what users see and how content spreads.

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Section 79 currently shields internet intermediaries from liability for third-party content if they do not initiate transmission, select recipients or modify information. This protection requires due diligence and does not apply if platforms fail to remove unlawful content after a government notice or court order.

The discussions are preliminary and no final decision has been made. Removing the blanket protection would require amending the IT Act, which needs Parliament's approval, as per the reports. The government plans to consult stakeholders before moving forward.

Officials have raised concerns about platforms influencing the content users see, including risks of minors being exposed to explicit material through algorithmic recommendations.

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Separately, the government is considering a mechanism for users to directly request platforms to remove deepfakes and non-consensual images or videos. Currently, such removals usually require going through law enforcement or courts.

Officials said a direct mechanism could speed up removals in these cases, where delays may have serious consequences.