Centre flags social media surveillance, urges safer & more accountable internet in X Corp case

In a significant hearing that could shape how digital platforms and content are governed in India, the Central Government on Thursday told the Karnataka High Court that social media platforms are increasingly engaging in continuous user surveillance, underscoring the urgent need to make the internet safer and more accountable. The comments came during the ongoing proceedings in X Corp’s petition challenging the scope of the government’s powers under Section 79(3)(b) of the IT Act.

Representing the Centre, Solicitor General Tushar Mehta argued that the digital environment has transformed to a point where platforms, through devices like smart TVs, phones, and algorithms, are constantly monitoring users. He emphasised that “we are not just users, but products” in the eyes of global social media companies, driven by engagement-based revenue models.

For the advertising ecosystem, this raises critical questions around data ethics, user targeting, algorithmic amplification, and content accountability. “The moment I post something, the algorithm knows I will want to see reactions—that is human tendency. But this is also business,” Mehta said, adding that harmful and unlawful content cannot be shielded under the guise of free expression.

The Centre is pushing for stricter compliance mechanisms under Rule 3(1)(d) of the 2021 IT Rules, which obligates intermediaries to remove unlawful content once notified, failing which they risk losing legal protections. This has direct implications for brands, publishers, and platforms operating in the Indian market, particularly around safe harbour protections and liability for user-generated content.

 

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