Indian government evaluates removing legal liability shields for social media firms
New Delhi is debating whether to revoke safe harbour protections for platforms like Meta, Google, and X, which could make them liable for user-generated content.
The Indian Ministry of Electronics and Information Technology has initiated internal discussions regarding Section 79 of the IT Act, which currently protects internet intermediaries from liability concerning content posted by users. Officials are evaluating whether this protection remains appropriate for social media platforms, given that their recommendation algorithms actively influence the visibility and dissemination of content.
Increased scrutiny follows growing concerns over child safety, algorithmic manipulation, and the role of social media in public discourse. The Supreme Court of India is concurrently reviewing petitions that call for stricter regulatory frameworks to address issues such as child sexual abuse material (CSAM) and compulsive usage features. The court has suggested that the withdrawal of liability protection could serve as a penalty for serious regulatory failures.
While the government maintains that these discussions are exploratory, any transition to a new liability model would require parliamentary approval and amendments to existing legislation. The move represents a significant potential shift in the regulatory landscape for global technology firms operating within the Indian market.