Centre tells Meta safe harbour won't cover CSAM violations, sources say

Centre tells Meta safe harbour won't cover CSAM violations, calls for increased sensitivity towards India's cultural, linguistic context: Govt Sources

New Delhi, August 18

The government has also conveyed to Meta that its content moderation mechanisms need to demonstrate greater sensitivity to India's linguistic and cultural context rather than relying solely on global standards, sources said.

According to government sources, discussions with Meta officials have indicated increased sensitivity on the platform's part towards CSAM-related content, with the company being cautious and undertaking efforts to filter out unlawful material.

The government has made it clear that its objective is not to censor or suppress content, but to ensure that social media platforms do not create situations that could adversely affect India's social fabric.

"Safe harbour will not be available to individuals or persons involved in CSAM-related violations," government sources said, adding that the Centre's actions have remained within the existing legal and statutory framework and that no action has been taken outside the framework.

The government has also underlined that cultural and social contexts differ across countries and that reasonable restrictions on freedom of speech remain constitutionally applicable in India.

Similar concerns regarding the regulation and accountability of digital platforms have also been raised by Western liberal democracies, underlining that the challenges surrounding platform governance are global in nature and not unique to India.

The development comes amid increased government scrutiny of Meta's platforms over concerns relating to unlawful content, user safety and platform accountability.

In July, the government issued a notice to Meta over advertisements on Instagram allegedly promoting or facilitating access to CSAM and directed the platform to disable such content and provide a detailed explanation. The Centre subsequently said it was examining Meta's response before deciding on further action.

The Centre's position on CSAM also follows its earlier action in October 2023, when MeitY issued notices to X, YouTube and Telegram over CSAM and warned that failure by intermediaries to act swiftly could result in withdrawal of safe harbour protection under Section 79 of the IT Act.

On AI-generated material, government sources said synthetically generated content must be clearly labelled. The requirement, they said, is linked to users' right to know whether the content they are viewing is synthetic or authentic.

The government will continue to monitor and track concerns related to unlawful content, platform accountability, user safety and emerging technologies, sources said.

— ANI