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Meta Warned of Losing Safe Harbour Protection Over AI Content Against PM Modi, Women and Children

Meta Warned of Losing Safe Harbour Protection Over AI Content Against PM Modi, Women and Children

The Parliamentary Committee on Communications and Information Technology has issued a stern warning to social media giant Meta, stating that it could lose the "safe harbour" protection available under the Information Technology Act if it fails to effectively curb objectionable AI-generated content targeting Prime Minister Narendra Modi, women and children. The warning comes amid growing concerns over content moderation, algorithmic bias and the misuse of artificial intelligence on social media platforms.

The development follows the Centre's decision to summon Meta's top global executives after Prime Minister Narendra Modi's Facebook post on the government's crackdown against paper leaks was temporarily restricted due to what the company later described as an AI-driven technical error. Meta executives are scheduled to hold discussions with senior government officials over two days, during which the company is expected to explain its content moderation policies and technological safeguards.

Parliamentary Committee Chairman and BJP MP Nishikant Dubey reiterated the government's position in a post on X, stating that cases involving AI-generated objectionable content against the Prime Minister, as well as illegal content concerning women and children, would not be eligible for safe harbour protection under Sections 79 and 79(1) of the Information Technology Act and Rule 7 of the IT Rules. He also referred to a separate case filed by Hyderabad Police against Google concerning financial fraud applications, saying technology companies operating in India must comply with the Constitution and domestic laws.

Safe harbour protection shields online intermediaries from legal liability for content posted by users, provided they comply with due diligence requirements under Indian law. The parliamentary panel has argued that platforms failing to remove illegal content or violating statutory obligations should not continue to enjoy this legal protection.

During the upcoming meetings, the Ministry of Electronics and Information Technology (MeitY) is expected to raise several issues with Meta's global leadership, including alleged algorithmic bias, the spread of Child Sexual Abuse Material (CSAM), moderation of synthetic AI-generated content, and the protection of verified accounts. Meta's Chief Global Affairs Officer Joel Kaplan is expected to attend the discussions.

Government officials have indicated that the talks will extend beyond technical concerns and include broader issues related to national security, public order and the functioning of Meta's recommendation algorithms. Officials are expected to seek detailed explanations regarding why the company's existing systems failed to prevent the temporary restriction of the Prime Minister's verified Facebook post and how similar incidents can be avoided in the future.

Minister of State for Electronics and Information Technology Rajeev Chandrasekhar's successor in the ministry, Jitin Prasada's ministry officials, along with senior government representatives, have maintained that technology companies of Meta's scale should possess robust systems capable of identifying and addressing illegal and harmful content effectively. Officials are also expected to question the company's mechanisms for tackling AI-generated misinformation and content that violates Indian laws.

The parliamentary committee has intensified its scrutiny of Meta in recent weeks. During a meeting held earlier this week, committee members questioned company officials over the availability of objectionable content, including pornography, while alleging that legitimate content was being unfairly removed from the platform. BJP MP Nishikant Dubey also accused certain social media platforms of amplifying anti-establishment and anti-democracy narratives while failing to adequately address illegal content involving women and children.

Meta has separately come under regulatory scrutiny over reports of paid advertisements carrying Child Sexual Abuse Material on Instagram. Last month, the government issued a formal notice to the company, seeking an explanation over the presence of such content on its platform.

The latest controversy began after Prime Minister Modi's July 23 Facebook post addressing the country's youth and reiterating the government's commitment to tackling paper leaks was temporarily restricted. Meta later attributed the incident to an AI-related technical error, apologised publicly and restored the post. However, the Ministry of Electronics and Information Technology termed the explanation inadequate and directed the company to strengthen its automated moderation systems.

Following the incident, Meta informed the government that posts from the Prime Minister and other prominent verified accounts would undergo additional oversight, including multiple levels of review by senior officials before any moderation decision is implemented.

The Centre's latest warning signals a tougher regulatory approach towards global technology companies, with the government making it clear that compliance with Indian laws and constitutional principles will remain a prerequisite for retaining legal protections under the Information Technology framework.

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