06 Jul 2026
Meta CSAM breach triggers calls for digital safety rules overhaul
06 Jul 2026
06 Jul 2026
This is a link-enhanced version of an article that first appeared in The Economic Times.
Article Overview:
The article examines the Centre’s notice to Meta over Instagram advertisements promoting child sexual abuse material (CSAM) and the resulting debate on India’s intermediary liability framework. It explores whether existing legal provisions are equipped to address paid advertisements that platforms actively review, target and monetise, while highlighting the
need for greater transparency, platform accountability and stronger digital safety safeguards.
Our Partner, Nikhil Narendran, shared his perspective. Here’s what he had to say:
“India’s intermediary liability framework was originally conceived around user-generated content, where the intermediary’s role was expected to be largely passive. That assumption sits uneasily with the modern advertising ecosystem.”
“Unlike user-generated posts, advertisements undergo algorithmic review before publication, are targeted to specific audiences and are monetised by the platform.”
“Read together with the heightened obligations that Indian law imposes in relation to child sexual abuse material, the standard of due diligence expected from platforms is significantly higher. However, the position on platform liability for paid advertisements is not entirely clear as of now.”
“A failure to act expeditiously after receiving notice of CSAM may result in the loss of safe harbour for that content.”
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