Meta’s ‘safe harbour’ status is in question after PM Modi video removal row – Here’s what it means

The warning came during a meeting of the Parliamentary Standing Committee on Communications and Information Technology. The panel questioned Meta officials over the removal of the Prime Minister’s video, which remained unavailable on Facebook for nearly five hours before it was restored. The committee has asked Meta to take corrective action within three days and has sought a personal apology from Meta CEO Mark Zuckerberg over the incident.

The row centres on a Facebook video in which Prime Minister Modi addressed nationwide protests over the National Eligibility cum Entrance Test (NEET) paper leak. In the video, he assured people that the government would take strict action against examination irregularities. The video later disappeared from Facebook before returning to the platform.

Meta attributed the removal to a technical glitch and restored the content. However, the explanation failed to satisfy both the Ministry of Electronics and Information Technology (MeitY) and members of the parliamentary panel.

Committee chairman Nishikant Dubey said that an apology alone would not be enough unless Meta identified who was responsible for the lapse. “We need accountability. Someone must take responsibility,” Dubey said during the meeting. He also urged Zuckerberg to personally apologise for the incident.

What is safe harbour protection?

Safe harbour protection is a legal safeguard available to online intermediaries under Section 79 of the Information Technology Act, 2000. It protects digital platforms such as Facebook, Instagram, YouTube and X from being held legally responsible for content posted by users, provided they follow the due diligence rules laid down by the government.

This protection recognises that online platforms host billions of posts every day and cannot be treated as the publisher of every piece of user-generated content. As long as an intermediary acts responsibly, follows legal requirements and removes unlawful content after receiving valid directions, it generally remains protected from legal liability for third-party content.

However, this protection is not unconditional. If an intermediary fails to comply with legal obligations or does not exercise the required due diligence, it may lose the protection granted under Section 79. Once safe harbour protection is withdrawn, the platform may face legal liability for content available on its services under applicable Indian laws.

The parliamentary panel has warned that if Meta fails to address the issue within three days, it may recommend a review of the company’s intermediary status in India.

Parliament questions Meta

During the meeting, lawmakers asked Meta officials who authorised the removal of the Prime Minister’s video and why such content disappeared while other objectionable material continued to remain available on the platform.

Members also questioned whether the company’s algorithms showed bias and asked what protections ordinary users could expect if even content uploaded by the Prime Minister could be removed.

Meta representatives expressed regret before the committee and apologised for the incident. However, lawmakers said identifying responsibility and considering legal consequences remained equally important.

MeitY has summoned Meta’s global team for discussions over the removal of the Prime Minister’s video. The ministry also plans to discuss allegations of algorithmic bias, the handling of child sexual abuse material (CSAM) on Meta’s platforms and safeguards available for verified accounts.

The meetings will take place over two days as the government increases its scrutiny of the social media company.

The parliamentary panel’s session included representatives from Meta, Google, YouTube and other social media platforms. Senior officials from MeitY and the Union Home Ministry also attended the meeting.