समाचार Samāchār · Tech & AI · 5 November 2026

Centre weighs ending safe harbour for platforms whose algorithms choose the feed

Talks on Section 79 of the IT Act are at an early stage and no decision has been taken. Peer-to-peer messaging would stay protected. Any change needs an amendment.

The government is studying whether a platform that ranks content can still claim it only carries content. If the answer is no, the legal shield under Section 79 of the IT Act goes for much of social media. Nothing has been decided.

Business Standard and The Indian Express reported the discussions this week. A senior official told Business Standard that an intermediary using algorithms to decide ranking, placement, promotion or suppression has “an active role” in deciding the fate of that content. The official said blanket protection needs a relook. As reported by The Indian Express, the IT Ministry is looking at confining the shield to internet service providers, telecom operators and peer-to-peer messaging platforms. Facebook, Instagram, YouTube and X would fall outside it.

The process will take time. The change needs an amendment to the IT Act and stakeholder consultations, and the officials gave no date. Officials are also examining a direct route for users to seek removal of deepfakes and non-consensual images. The IT Ministry, Meta and Google did not respond to the reporters’ queries.

The pressure comes from several directions. Parliament’s Standing Committee on Communications and IT, chaired by Nishikant Dubey, recommended in August that protection go for platforms that fail to comply with Indian law. The Supreme Court said on 15 October that loss of safe harbour should be kept as a last resort. MediaNama warns the change could raise pressure on platforms to suppress critical content. One official cited explicit content reaching users under 18.

The argument has force on both sides. The test is the drafting. The reported language says any intermediary using algorithms. That reaches well beyond three American companies, to every Indian product with a ranked feed.

What a founder takes from it: Nothing has changed in law. A founder running any ranked feed in India should map where the product decides what users see, and be ready to speak when the consultation opens.