New Delhi: Meta has restricted access in India to two artificial intelligence-generated videos featuring Prime Minister Narendra Modi and Adani Group chairman Gautam Adani, which were originally posted by the Congress party. The social media conglomerate disclosed that the action was taken on its platforms, Instagram and Facebook, following compliance with takedown notices issued by the Delhi Police.
In a filing with the Lumen Database, a transparency project hosted by Harvard University, Meta clarified its position regarding the restriction. The company stated that while the content in question did not violate its internal Community Standards, it was compelled to act to preserve its legal standing. Meta noted that failure to comply with the notices, which were received on December 18, would risk the loss of its "safe harbour" protections and potentially expose its local personnel to criminal penalties.
Safe harbour provisions are critical for social media intermediaries, as they provide immunity from legal liability for content posted by third parties. However, the police invoked Section 79(3)(b) of the Information Technology Act, which stipulates that platforms forfeit this status if they fail to remove content used to commit an "unlawful act" upon receiving government instruction. The notices also cited Rule 3(1)(d) of the IT Rules, requiring platforms to remove flagged content within 36 hours.
The Delhi Police alleged that the AI-generated videos violated specific provisions of the Bharatiya Nyaya Sanhita (BNS) and the IT Act. The authorities cited BNS Section 336(4), dealing with punishment for forgery, and Section 340(2), regarding the fraudulent use of forged electronic records. Additionally, Section 66C of the IT Act, which covers identity theft, was invoked against the posts.
This development follows recent amendments to the IT Rules notified by the Union government on October 22, which tightened the protocols for online content removal. Under the revised framework, takedown directives must be issued by a court or a government official not below the rank of Joint Secretary or Director. For police-initiated actions, the notice must originate from an officer holding a rank of at least Deputy Inspector General (DIG).