Centre mulls withdrawal of legal protection for social media platforms; Facebook, WhatsApp and Instagram may face setback

NEW DELHI: The central government is reportedly considering a move to withdraw the legal protection currently enjoyed by social media platforms. The protection may be limited to internet service providers and mobile network operators. The move could deal a major blow to platforms such as Facebook, WhatsApp and Instagram, which may face civil and criminal proceedings over illegal content shared on their platforms.

At present, social media platforms are not directly held responsible for content uploaded by users. This legal protection, known as 'safe harbour', is provided under Section 79 of the Information Technology Act. The Centre is reportedly considering withdrawing this protection through an amendment to the law.

Currently, social media platforms lose this protection only when they fail to remove illegal content despite receiving directions from a court or the government. The Centre believes that social media platforms use complex algorithms to increase the reach of content. These algorithms determine what users see on their feeds. Therefore, the government's position is that platforms cannot completely escape responsibility for the content circulated through their services.

Notice to Centre and Meta

Meanwhile, the Supreme Court has directed that notices be issued to the central government and Meta in a public interest litigation seeking a comprehensive regulatory framework to prevent children from accessing pornographic videos and other harmful content online. The direction was issued by a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana. The petition, filed by social activist Srirupa Chowdhury, alleged that social media platforms were making children addicted to their apps. It also claimed that excessive use of these platforms was causing sleep deprivation, depression and destructive thoughts among children.