Google, Meta tell Delhi HC they cannot police every post online

NEW DELHI: The internet never sleeps, but Google and Meta say they cannot be expected to stay awake policing every post. Google and Meta have told the Delhi High Court that they cannot function as “super censors” of the internet, arguing that it is neither technically nor legally feasible to proactively monitor the billions of posts, videos and other pieces of user-generated content uploaded to their platforms every day.

The submissions were made during the hearing of a petition seeking the removal of unauthorised recordings of court proceedings from online platforms. The companies contended that allegedly unlawful content cannot be identified or removed unless it is specifically flagged through valid complaints or precise URLs.

According to the technology giants, platforms cannot be expected to continuously screen every piece of content uploaded by users. Instead, they argued that complainants must first identify the allegedly offending material before intermediaries can take appropriate action. Both companies relied on the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as well as Supreme Court precedents, to argue that intermediaries are not legally obligated to proactively monitor all user-generated content published on their platforms.

The case centres on a plea seeking the removal of unauthorised recordings and video clips of judicial proceedings circulating online. The Delhi High Court is examining the responsibilities of digital platforms in preventing the spread of such material. The submissions come at a time when Meta is facing mounting regulatory scrutiny in India over its content moderation practices.

Last week, the Ministry of Electronics and Information Technology (MeitY) directed Meta to immediately remove Instagram advertisements and content allegedly promoting or facilitating access to Child Sexual Abuse Material (CSAM) after reports claimed paid advertisements carrying explicit search terms had appeared on the platform.

The ministry also sought a detailed explanation within seven days, asking how the advertisements were approved, what safeguards were in place to prevent such incidents and what corrective measures the company intended to implement.

Responding to the notice, Meta said it maintains a “zero tolerance policy” towards CSAM, including advertisements. The company said it deploys advanced AI systems to proactively detect violating content but acknowledged that it remains in a constant battle against criminals attempting to evade detection across its 3.5 billion users.

Government action followed a BBC Eye investigation published on 3 July, which alleged that Instagram had carried paid advertisements in India promoting child sexual abuse material and directing users to Telegram channels where the illegal content was allegedly being distributed. The report also claimed some advertisements had been approved through Instagram’s automated moderation systems.

Separately, the Centre has also issued notices to Meta-owned WhatsApp, Telegram and Signal, seeking details of their username features and the safeguards adopted to prevent fraud, impersonation and misuse.

The twin developments highlight the increasingly complex balancing act facing technology platforms. As regulators demand stronger safeguards against harmful content and online abuse, companies continue to argue that the sheer scale of user-generated content makes proactive monitoring both technically impractical and legally beyond the obligations placed on digital intermediaries.