Why Facebook content spreads quickly

Facebook Groups can host closed NCII trading communities that escape automated moderation. Marketplace listings have been used to distribute NCII as fake product images, and Profile photos can be reverse searched.

India legal framework

Information Technology Act 2000 sections 66E (violation of privacy) and 67/67A (publishing or transmitting obscene or sexually explicit material), plus BNS section 77 (replacing IPC s.354C). Section 66E: up to 3 years imprisonment or fine up to INR 2 lakh. Section 67A: first conviction up to 5 years and INR 10 lakh fine, subsequent up to 7 years.

The civil erasure right under Digital Personal Data Protection Act 2023 (right to erasure under section 12) is enforceable against Facebook regardless of where Facebook processes the data, where the data subject is in India.

Facebook removal route

Facebook accepts NCII reports through Meta's NCII portal and through the in app report flow. Marketplace, Groups, and Profile content all share the same reporting pipeline.

Meta operates the NCII Hash Database Pilot in cooperation with the Cyber Civil Rights Initiative. A successful Facebook removal often produces a hash that is propagated to Instagram and other Meta platforms automatically.

Evidence preservation specific to Facebook

Capture the post URL, the group name, and the user profile URL. Facebook retains content metadata for 90 days post deletion which supports subpoena requests through Facebook Law Enforcement Online Requests.

Five step removal process

  1. 1

    Capture evidence from Facebook

    Capture the post URL, the group name, and the user profile URL. Facebook retains content metadata for 90 days post deletion which supports subpoena requests through Facebook Law Enforcement Online Requests.

  2. 2

    File Information Technology Act sections 66E and 67/67A criminal complaint

    Report to local police or national cybercrime unit. Cyber Crime Reporting Portal can assist.

  3. 3

    Submit Digital Personal Data Protection Act 2023 (right to erasure under section 12) erasure request to Facebook

    Facebook accepts NCII reports through Meta's NCII portal and through the in app report flow. Marketplace, Groups, and Profile content all share the same reporting pipeline. The request must identify the URLs and cite the legal basis. DPB India accepts complaints for non compliance.

  4. 4

    Run a biometric scan to find every other hosting location

    Content rarely stays on one platform. ScanErase identifies every current location in a single scan including mirrored copies and AI generated variants of the same image.

  5. 5

    Dispatch parallel TAKE IT DOWN Act notice to Facebook

    Facebook is a covered platform with a 48 hour federal removal obligation. ScanErase files the notice within 5 minutes of authorisation.

Frequently asked questions

Can Facebook be required to remove intimate images of a India resident?

Yes. Digital Personal Data Protection Act 2023 (right to erasure under section 12) gives any data subject in India the right to require erasure. Facebook operates a dedicated NCII removal portal that processes these requests. Where Facebook is also subject to US jurisdiction, the TAKE IT DOWN Act adds a 48 hour federal obligation.

What is the criminal exposure of the person who posted to Facebook from India?

Information Technology Act 2000 sections 66E (violation of privacy) and 67/67A (publishing or transmitting obscene or sexually explicit material), plus BNS section 77 (replacing IPC s.354C). Section 66E: up to 3 years imprisonment or fine up to INR 2 lakh. Section 67A: first conviction up to 5 years and INR 10 lakh fine, subsequent up to 7 years.

How does Facebook verify a India erasure request?

Facebook accepts NCII reports through Meta's NCII portal and through the in app report flow. Marketplace, Groups, and Profile content all share the same reporting pipeline. DPB India can be petitioned if Facebook fails to act within the statutory window.

Can the India regulator force Facebook to remove content?

Section 79 of the IT Act and the IT Rules 2021 require intermediaries to remove non consensual intimate imagery within 24 hours of complaint to retain safe harbour.

What evidence should I capture from Facebook?

Capture the post URL, the group name, and the user profile URL. Facebook retains content metadata for 90 days post deletion which supports subpoena requests through Facebook Law Enforcement Online Requests.

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