Google and Meta have opposed a petition before the Delhi High Court that seeks to compel social media platforms to proactively identify and remove allegedly unlawful user-generated content. The two technology companies argued that such a requirement would fundamentally alter the legal responsibilities of intermediaries and force them into the role of “super censors”, deciding the legality of content before it is even reported.
The matter has emerged from a petition concerning the circulation of audio and video recordings of court proceedings, but it has now evolved into a wider legal debate over the extent of responsibility that digital platforms should bear for content uploaded by users.
Google Meta proactive content monitoring raises legal concerns
News 18 noted that in their submissions before the Delhi High Court, Google and Meta maintained that Indian law does not require intermediaries to actively monitor every post, photograph or video shared on their platforms.
Meta argued that determining whether content violates the law often depends on context, source material and judicial directions. According to the company, expecting platforms to independently make such legal determinations would go far beyond the framework established under the Information Technology Act and the IT Rules, 2021.
Google echoed the same concerns, stating that billions of pieces of content are uploaded across digital platforms every day, making blanket monitoring both legally unsupported and practically impossible.
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Companies cite Supreme Court judgment on intermediary liability
News 18 noted that Google and Meta relied on the Supreme Court’s landmark judgement in the Shreya Singhal vs Union of India case, which clarified that intermediaries generally become responsible for removing content only after receiving a valid court order or lawful government direction.
Google and Meta said this legal protection, commonly referred to as safe harbour, ensures that platforms are not held liable for every piece of user-generated content unless specific legal procedures are followed.
Google and Meta also stressed that they already comply with takedown requests that meet legal requirements.
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Court to decide future of online content moderation
News 18 noted that the petition has wider implications for India’s digital ecosystem, as it could redefine how social media companies moderate online content.
Journalist Ravish Kumar, who is also connected to the proceedings, informed the court that he had voluntarily removed the disputed material while arguing that legal standards governing recordings of court proceedings remain inconsistent across different jurisdictions.
The Delhi High Court will now examine whether intermediaries can legally be directed to proactively identify and remove allegedly unlawful material before formal complaints or judicial orders are issued.
The outcome could significantly influence future content moderation practices and determine whether Google and Meta’s proactive content monitoring becomes part of India’s regulatory framework.
