India scrutinizes whether Meta's recommendation system exceeds intermediary status

Source: PTI

Image used for representational purposes. File | Photo Credit: Reuters

The Centre's meetings with Meta have brought into focus a critical question — whether the social media giant's recommendation systems and paid content promotion are consistent with its status as an intermediary, government sources said.

Sources added that the key issue is whether the company complies with the provisions under the Information Technology (IT) Act or crosses into the role of a publisher by deciding "what content is shown to whom."

Legal Context and Significance

The issue centres on whether a platform that actively decides what users see can continue to claim intermediary status under the IT Act. This matters because:

• Section 79 of the IT Act grants intermediaries a "safe harbour" from liability for third-party content, subject to compliance with legal provisions and due diligence requirements.
• If Meta's recommendation systems determine "what is shown to whom" and also "promote content for payment," it raises questions about whether such functions align with the legal definition of an intermediary.
• According to sources, 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.

Due Diligence Obligations

Intermediaries, including social media platforms, are statutorily obligated under Section 79 of the IT Act, read along with the 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:

• Loss of the exemption from liability under Section 79 of the IT Act
• Liability for consequential action as provided under any law, including the IT Act and the Bharatiya Nyaya Sanhita

Government's Next Steps

Sources said the government would review the outcome of its engagements with Meta before deciding whether to seek legal opinion. The government will also engage with other platforms as it examines whether they satisfy the definition of an intermediary under Indian law.

Key Issues Discussed with Meta

This week, the government questioned Meta's global team on several issues, including:

• Deepfakes
• Child sexual abuse material
• Unlabelled synthetic content
• The functioning of recommendation systems

After two days of intensive questioning of Meta's top officials, the government on Friday (August 7, 2026) shifted to technical discussions with the social media giant. During these discussions, Meta detailed how it plans to address the Centre's concerns over deepfakes, child sexual abuse material, and unlabelled synthetically-generated content on its platforms.

Officials will regularly follow up with the company on its progress, sources confirmed. One of the key issues discussed was the reappearance, continued circulation, and virality of AI-generated harmful content, even after it had been flagged.

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• Meta restricts post on Kashmir pellet victim Insha Mushtaq in India
• Meta ramps up censorship of protest, political reels
• Meta ordered to pay U.S. state $567 million to abate 'public nuisance' and child harm

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