The Indian government is examining whether Meta's recommendation systems and paid content promotion fit the company's legal status as an intermediary under the Information Technology Act, according to a report by The Hindu BusinessLine. The central question, government sources said, is whether the social media giant complies with IT Act provisions or crosses into the role of a publisher by deciding "what content is shown to whom."
The distinction between intermediary and publisher
Sources said the issue centres on whether a platform that actively decides what users see can continue to claim intermediary status under the Information Technology Act. If Meta's recommendation systems determine "what is shown to whom" and also "promote content for payment," it raises the question of whether such functions are consistent with the legal definition of an intermediary.
If a platform determines what content gets shown to users, it amounts to publishing, and platforms would then have to take responsibility for their actions.
According to the sources, the government has asked Meta to take measures to address deepfakes following multiple rounds of discussions held over the past few days.
Legal stakes: Section 79 safe harbour
The issue assumes significance because Section 79 of the IT Act grants intermediaries a "safe harbour" from liability for third-party content, subject to compliance with the provisions of the law and due diligence requirements, sources said. Intermediaries, including social media platforms, are statutorily obligated under Section 79 of the IT Act, read along with IT Rules, 2021, to observe due diligence as a condition for availing exemption from liability in respect of third-party information uploaded, published, hosted, shared or transmitted on or through their platform.
Failure to observe such due diligence obligations may result in the loss of the exemption from liability under Section 79, and such intermediaries may also be liable for consequential action as provided under any law, including the IT Act and the Bharatiya Nyaya Sanhita.
Key concerns raised by the government
| Concern | What the government asked or flagged |
|---|---|
| Recommendation systems | Whether determining "what is shown to whom" fits intermediary status or amounts to publishing |
| Paid content promotion | Whether promoting content for payment is consistent with the legal definition of an intermediary |
| Deepfakes | Government asked Meta to take measures to address deepfakes after multiple rounds of discussions |
| Child sexual abuse material | Meta's global team was questioned on the issue this week |
| Unlabelled synthetic content | Government asked why AI-generated videos without labels remain visible despite IT rules requiring synthetic content to be identified and labelled |
| Virality of AI-generated harmful content | Reappearance, continued circulation and virality of AI-generated harmful content, even after it has been flagged |
Meta's engagement with the government
This week, the government questioned Meta's global team on issues including deepfakes, child sexual abuse material, unlabelled synthetic content and the functioning of recommendation systems, sources said. After two days of intensive questioning of Meta top officials, the government on Friday shifted to technical discussions, during which the company detailed how it plans to address the Centre's concerns.
The government asked Meta to have greater human oversight in content moderation, with enhanced awareness and understanding of Indian languages as well as local nuances. Sources said Meta admitted there were "serious issues" and assured it will take continuous action to resolve them.
Next steps and wider platform scrutiny
Government sources said the objective is not censorship, but to ensure that the company complies with Indian laws. Another meeting is expected in the coming week. Officials will regularly follow up with Meta on its progress, sources asserted.
The government would review the outcome of those engagements before deciding whether to seek legal opinion, sources added. The government will also engage with other platforms as it examines whether they satisfy the definition of an intermediary under Indian law.
Sources:
