Child abuse content row: Meta admits lapses, govt questions its ‘safe harbour’ status | India News
NEW DELHI: Govt has told Meta that it cannot go on invoking intermediary status and must shoulder greater responsibility as a service provider after the tech giant admitted to lapses in dealing with child sexual abuse material. This can have far-reaching consequences, including the company losing the “safe harbour” immunity that it enjoys on grounds of being an intermediary, although it can challenge any decision of the govt in court.The tech giant admitted mistakes and assured the authorities that it would immediately report child sexual abuse material, persons in the know said.Govt has told Meta that it must shoulder greater responsibility following the tech giant admitting to lapses in dealing with child sexual abuse material. Officials said the company cannot go on invoking intermediary status. While adding it will risk losing the “safe harbour” immunity, govt also took the stand that the tech giant’s recommendations to users and advertising systems give it responsibilities beyond that of an “intermediary” which is only hosting users’ posts.Officials made it clear that Meta needed to remove child sexual abuse material that could drive children to suicide.NCPCR, too, warned the company’s representatives when Meta India chief Arun Srinivas and senior executives appeared before the panel for its inquiry into alleged advertisements linked to child sexual exploitation and abuse material on the platform.The 70-minute meeting focused on safe harbour provisions under the IT Act, 2000, which offer intermediaries conditional protection from liability for third-party content, sources said. It is learnt NCPCR stressed upon Meta that this protection was “not absolute” but “relative” and depended on compliance with legal obligations, including reporting under the Pocso Act.Sources said NCPCR did not accept Meta’s arguments on the applicability of safe harbour provisions and pressed for evidence of compliance with IT Act, Pocso and Supreme Court’s 2024 ruling on child sexual abuse material.NCPCR invoked the ruling to underline that intermediaries could not automatically claim protection under Sec 79 of IT Act in such cases. Meta faced a series of legal and technical questions, they added.
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Meta sought time to respond, and the commission granted it two weeks for answers to a questionnaire that would be shared with the company. NCPCR is likely to call company representatives for another hearing subsequently.The meeting was chaired by Valeti Premchand, additional secretary in WCD ministry, who holds charge as NCPCR chair. Representatives of MeitY and Indian Cybercrime Coordination Centre were also part of the meeting, the sources said. Srinivas had not appeared on Sept 9 when he was first summoned. Other Meta executives who attended that meeting were told the commission would like to hear only from the India head of the company, in whose name the summons had been issued.(With inputs from Aabhas Sharma)
