Google, Meta tell Delhi High Court they cannot act as 'super censors' of the internet

Google and Meta have told the Delhi High Court that they cannot function as "super censors" of the internet, arguing that it is neither technically nor legally feasible to proactively monitor the billions of posts, videos and other pieces of content uploaded to their platforms every day.The submissions were made during the hearing of a case seeking the removal of unauthorised clips of court proceedings from online platforms.According to the companies, unlawful content cannot be identified or removed in the absence of specific URLs or valid complaints. They argued that platforms require precise identification of the allegedly offending content before taking action, rather than being expected to continuously screen all user-generated material.Google and Meta also relied on the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as well as Supreme Court precedents, to support their position that intermediaries are not required to proactively monitor all content uploaded by users.The matter arose in the context of a plea seeking the removal of unauthorised recordings and clips of judicial proceedings circulating online.The case is being heard by the Delhi High Court.The submissions come at a time when Meta is facing increased regulatory scrutiny over its content moderation practices in India.Last week, the Ministry of Electronics and Information Technology (MeitY) directed Meta to immediately remove Instagram advertisements and content promoting or facilitating access to Child Sexual Abuse Material (CSAM) after reports alleged that paid advertisements carrying explicit search terms had appeared on the platform. The ministry also sought a detailed explanation from the company within seven days on how such advertisements were approved, the safeguards in place to prevent them, and the corrective measures being taken.Responding to the notice, a Meta spokesperson said the company has a "zero tolerance policy" for CSAM, including in advertisements."We use advanced AI technology to proactively detect violating content and individuals, but we are in a constant battle with criminals who hide among our 3.5 billion users and try to evade our detection. That is why our expert teams are constantly working to improve our defenses, develop new technology to root out predators, block links to violating websites, and share intelligence with other companies so they can take action too," the spokesperson said.The government action followed a BBC Eye investigation published on July 3, which alleged that Instagram had carried paid advertisements in India promoting child sexual abuse material that redirected users to Telegram channels where the illegal content was allegedly being offered. The report also claimed some of the advertisements had been approved by Instagram's automated moderation systems.Separately, the Centre has also issued notices to Meta-owned WhatsApp, Telegram and Signal, seeking details on their username features and the safeguards adopted to prevent fraud, impersonation and misuse of their platforms.Read more:Govt orders Meta to remove Instagram ads promoting child sexual abuse, seeks explanation in 7 days: Sources