Allahabad High Court: Meta's Liability Under Section 79 IT Act

• A parliamentary committee has given Meta's CEO three days to apologize for restricting the Prime Minister's Facebook video.
• The Union government may withdraw Meta's protection under Section 79 of the Information Technology Act, exposing it to increased liability and compliance risks.
• India's IT platform rules fail to hold intermediaries accountable for restricting lawful user content, leaving users vulnerable to potential harm.

Despite this legal framework, the current text and practice suggest that intermediaries owe little to users whose lawful content they restrict.

A parliamentary committee has given Meta's CEO, Mark Zuckerberg, three days to tender an unqualified personal apology for restricting the Prime Minister's Facebook video on July 28, 2026. The restriction occurred between 12:30 AM and 5 AM. If Zuckerberg fails to comply with this demand, the Union government is recommended to consider withdrawing Meta's protection under Section 79 of the Information Technology Act, 2000. This move would expose Meta to increased liability and compliance risks. The committee's decision has sparked a debate about the obligations of intermediaries towards users whose lawful content they restrict.

Section 79(1) of the Information Technology Act, 2000, provides an exemption from liability for third-party information to intermediaries. However, this exemption is subject to conditions outlined in sub-sections (2) and (3). Sub-section (2) requires intermediaries to observe due diligence, while sub-section (3) disapplies the exemption in cases where the intermediary conspires or fails to remove material expeditiously upon actual knowledge. The Shreya Singhal v. Union of India judgment has further clarified that the exemption can be revoked if a court order or government notification is issued. Despite this legal framework, the current text and practice suggest that intermediaries owe little to users whose lawful content they restrict.

The Meta episode highlights a critical defect in India's IT platform rules, which fail to hold intermediaries accountable for restricting lawful user content. This lack of accountability exposes users to potential harm and undermines the effectiveness of Section 79. If Meta's protection under this section is withdrawn, it could face increased liability and compliance risks. Lawyers should closely monitor this development, as it may set a precedent for other intermediaries in India. The incident also raises questions about the obligations of intermediaries towards users and whether these obligations are enforceable by anyone at present.

Lawyers should watch for the potential withdrawal of Meta's protection under Section 79, which could expose it to increased liability and compliance risks.

Source: Original reporting via The Meta episode: Why India’s IT platform rules need a right to restoration