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Why India may rethink social media safe harbour over algorithmic influence

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Why India may rethink social media safe harbour over algorithmic influence

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India is reviewing whether social media platforms should retain Section 79 protection when algorithms influence content visibility, raising questions over liability and online speech

Social media algorithms influence which posts gain visibility and reach wider audiences (Image: Bloomberg)

Harsh Shivam Nerw Delhi 8 min read Last Updated : Nov 05 2026 | 3:56 PM IST

The Indian government is examining whether social media platforms should continue to enjoy blanket legal protection for user-generated content when their algorithms determine what users see, recommend or suppress. The discussions could lead to changes in Section 79 of the Information Technology (IT) Act, 2000, potentially exposing platforms to greater liability for content distributed through their recommendation systems.

The issue is whether a platform that actively influences the reach of a post can be treated in the same way as an intermediary that only transmits information between users. Social media companies do not create most of the content published on their services, but their algorithms decide which posts appear in feeds, which videos are recommended and which accounts gain visibility.

Business Standard recently reported that the government is considering withdrawing the blanket safe-harbour protection available to social media intermediaries under Section 79. A senior government official said that platforms using algorithms to decide the ranking, placement, promotion or suppression of user-generated content have an active role in determining the fate of that content.

“Any social media intermediary that uses algorithms to decide the ranking, placement, promotion or suppression of user-generated content is no longer just a pipeline to ferry such content but has an active role in deciding its fate.


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