S. Krishnan, Secretary of the Ministry of Electronics and Information Technology (MeitY), has addressed concerns regarding India's social media content blocking framework, stating unequivocally that the government does not engage in censorship. Speaking at the Business Today India at 100 event, Krishnan highlighted that the majority of content removals are initiated by social media platforms themselves, not by government directives.
Government's Limited Role in Content Takedowns
Krishnan explained that government-ordered content removals constitute a very small fraction of overall takedowns. He revealed that over 99% of content is removed by social media companies based on their own community guidelines and terms of service. The government's power to block content, exercised under Section 69A of the Information Technology Act, is used sparingly and under strict conditions.
Section 69A permits content blocking on four specific grounds: the security of the state, the defense of India, maintaining public order, and preserving friendly relations with foreign countries. Krishnan stressed that any government action must clearly fall within one of these established legal categories, emphasizing a restrained approach.
Platforms Must Understand India's Cultural Context
The MeitY Secretary also underscored the responsibility of social media platforms to adapt their content moderation systems to India's diverse cultural and linguistic landscape. He argued against a universal moderation approach, stating that platforms must be alert to local contexts, especially concerning content involving violence or sexual abuse that may not be immediately apparent through purely visual assessment.
Krishnan noted that India's legal framework for content moderation has garnered international attention, with the European Union expressing interest in the country's structured approach. He added that the government has been thoughtful in how it exercises its powers to ensure a balanced and legally sound framework.
Legal Consequences for Non-Compliance
Under India's legal framework, an authorized government agency or official can issue a notice to social media platforms if content is deemed to violate Indian law. Failure to act on such notices can lead to legal consequences for both the individual who posted the content and the platform itself. This mechanism ensures that platforms are accountable for content hosted on their services and encourages proactive moderation in line with national laws.
Section 79 of the IT Act provides intermediaries with 'safe harbor' protection from liability for third-party content, but this protection is contingent upon their adherence to due diligence requirements, including taking action against unlawful content when notified.