Is Meta a platform or publisher? Govt examines role of recommendation algorithms

The Centre is examining whether Meta's recommendation systems and paid content promotion are compatible with its status as an intermediary under India's information technology law, with the key question being whether the platform merely hosts third-party content or actively decides "what content is shown to whom", government sources said.

The issue has emerged during a series of meetings between the government and Meta, as officials examine the company's compliance with the Information Technology Act and whether its role in recommending and promoting content could amount to that of a publisher.

Section 79 of the IT Act provides intermediaries with "safe harbour" protection from liability for third-party content, subject to compliance with the law and prescribed due diligence requirements.

Sources said the government is examining whether Meta's recommendation systems, which determine what content users see, and its ability to promote content for payment are consistent with the legal definition of an intermediary.

According to the sources, if a platform actively determines what content is shown to users, it raises the question of whether it is effectively publishing that content and should therefore bear greater responsibility for its actions.

Intermediaries, including social media platforms, are required under Section 79 of the IT Act read with the IT Rules, 2021, to observe due diligence to retain exemption from liability for third-party information uploaded, published, hosted, shared or transmitted through their platforms.

Failure to meet those obligations can result in the loss of safe-harbour protection and may also expose platforms to consequential action under applicable laws, including the IT Act and the Bharatiya Nyaya Sanhita, sources said.Me

The government will review the outcome of its discussions with Meta before deciding whether to seek a legal opinion. It is also expected to engage with other platforms as part of a broader examination of whether social media companies satisfy the definition of an intermediary under Indian law.

The issue comes amid several rounds of discussions between the Centre and Meta this week over deepfakes, child sexual abuse material, unlabelled synthetic content and the functioning of recommendation systems.

After two days of intensive questioning of senior Meta officials, the government on Friday shifted to technical discussions, during which the company explained how it plans to address concerns over deepfakes, child sexual abuse material and unlabelled AI-generated content.

Officials will regularly follow up with Meta on its progress, sources said.

One of the key concerns is the reappearance, continued circulation and virality of AI-generated harmful content even after it has been flagged. The government has also questioned why AI-generated videos without labels continue to remain visible despite IT rules requiring synthetic content to be identified and labelled.

Officials have asked Meta to increase human oversight of content moderation and improve its understanding of Indian languages and local nuances.

Another meeting between the government and Meta is expected next week. Sources said the objective of the engagement is not censorship but ensuring compliance with Indian laws.

The discussions follow Meta's temporary restriction of Prime Minister Narendra Modi's Facebook post, after which the company's global affairs head Joel Kaplan met IT Minister Ashwini Vaishnaw and IT Secretary S Krishnan on Wednesday and Thursday.

On Thursday, Meta officials were questioned about compliance with Indian laws, algorithmic systems and safeguards to ensure constitutional and legal requirements are met.

Meta has said it is serious about addressing concerns relating to deepfakes, child sexual abuse material, bots and synthetic content.

On Wednesday, Meta apologised over the temporary removal of Modi's post and acknowledged failures relating to harmful content and the promotion of certain content through paid mechanisms, according to government sources.

Kaplan said in a written statement that he had apologised to Vaishnaw on behalf of Meta for the error that restricted Modi's post. Government sources, however, said the apology had come from Meta chief executive Mark Zuckerberg.

A Parliamentary Standing Committee has also sought an apology from Zuckerberg over the removal of Modi's Facebook post, warning that legal protections and immunity available to the company could be withdrawn if an apology was not forthcoming within three days. Modi had initially posted the selfie video on Instagram.