These meetings are prompted by concerns regarding WhatsApp’s username policy and reported cases of child sexual abuse material (CSAM) on Instagram. Sources indicate that Meta has expressed regret over the issues highlighted. The delegation from the company, headed by Chief Global Affairs Officer Joel Kaplan, is in talks with government representatives, while Meta’s technical team is anticipated to stay in India for additional engagement.
Officials have evaluated the company’s understanding of Indian IT laws, its compliance protocols, and the technologies implemented to identify and eliminate harmful content.
In this context, cyber law expert Pavan Duggal has raised concerns about the government’s choice to continue discussions rather than commence legal action where violations of Indian law are already evident.
He argues that ongoing talks with Meta at this juncture sends a misguided message. “Instead of the government pursuing legal remedies, we are essentially undermining the existing Indian cyber law,” he stated.
Duggal contends that when the legal protections are removed, the responsibility falls upon the government to act. “The onus is on the government now. Prompt actions are required.”
What “action” should look like
When questioned about the necessary actions, Duggal was clear. “Expected legal measures will include criminal prosecution of top management in India for violations of the IT Act, POCSO Act, and the [Bharatiya Nyaya Sanhita],” he commented.
He has also called for financial penalties. Duggal mentioned a provision in the IT Act regarding data security breaches, which allows for damages “up to ₹5 crore for each contravention,” indicating that a fresh fine can be imposed for every violation. He referenced recent legal actions against Meta in the U.S. related to child safety, highlighting that India’s current legal framework allows for criminal prosecutions under the Information Technology Act but not penalties of equivalent magnitude.
Duggal noted that the Digital Personal Data Protection Act, set to take effect in May 2027, would enhance the government’s capacity to enforce stricter monetary penalties for future violations.
Additionally, he emphasized that companies operating in India should be prepared for stricter enforcement if they do not comply with local regulations.
For the entire discussion, watch the accompanying video
