Meta raises concerns over India’s strict social media content takedown timelines

“Traditionally, the Indian government’s been quite consultative when it comes to these things. This is an example where I think we’re concerned that had they come to us and talked to us about it, we would have talked about some of the operational challenges,” Sherman added.

Last week, the IT Ministry notified amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. One of the most contentious changes it has implemented is that social media platforms must now remove content within two-three hours as opposed to 24-36 hours before. Industry executives had earlier said that the new timeline is the shortest takedown window prescribed by any government in the world.

Though the rules have set alarm bells ringing within tech companies, who say that they were never formally consulted before the change was notified, government officials have said that there were enough discussions with the industry, and the timeline has been compressed following feedback from people who have been impacted as platforms did little to curb content virality quickly.

The requirement to take down content quicker does not just apply to AI-generated content but a wide range of content that the law deems unlawful. Platforms must now remove non-consensual intimate imagery within two hours, as opposed to 24 hours earlier, and other forms of unlawful content within three hours, from an earlier requirement to act on it within 36 hours.

Meta’s Sherman, though, said that when social media companies receive takedown notices from the government, there is a certain time it takes for them to investigate and validate the flagged content, and three hours might not be enough time for that.

“Whenever we get the request from the government (to take down content), we will have to look into it, we will have to investigate it and validate it ourselves. And so that’s just something that takes some amount of time particularly if there’s something that we need to look into. That’s often not possible to turn around in three hours,” Sherman said.

Sherman’s comments come amid increasing scrutiny over social media platforms globally. On Tuesday, IT Minister Ashwini Vaishnaw, addressing reporters separately, said that many countries were considering banning social media platforms for children. Indian states like Andhra Pradesh and Goa have indicated that such a measure is needed.

“This is something which has now been accepted by many countries that age-based regulation has to be there. It was part of our DPDP (Digital Personal Data Protection) Act when we created this age-based differentiation on the content which is accessible to young people,” Vaishnaw said.

Responding to a question by The Indian Express on India’s data protection law potentially opening up space for localisation of more types of personal data, Sherman said India’s current localisation requirements typically focus on “specific kinds of information that have national security implications.” However, he added that strict localisation requirements would be logically difficult for platforms such as WhatsApp, Instagram and Facebook because they are designed for cross-border communication, which requires data to be stored in multiple locations across the world.