The Indian government raised concerns over Meta's eligibility for safe harbour protection under Section 79 of the Information Technology Act, 2000, citing the company's use of algorithms to amplify content. This issue surfaced during a dispute over child sexual abuse material in paid Instagram advertisements, with government sources stating on September 16 that Meta can no longer be treated as a "simple intermediary" due to its algorithmic content recommendations, according to medianama.com.
The Ministry of Electronics and Information Technology (MeitY) issued Meta a notice in July regarding the matter. Subsequently, the National Commission for Protection of Child Rights (NCPCR) summoned Meta's India head on September 16. Despite these actions, no official order, rule, notification, or judgment has been issued to declare that Meta has lost its intermediary status. Medianama.com reported that questions sent to MeitY and Meta about any such notices or orders have yet to receive substantive responses.
This development is significant because intermediary status under Section 79 grants platforms safe harbour protection from liability for user-generated content. Government sources argue that Meta's charging for algorithmic recommendations disqualifies it from this protection, potentially setting a precedent for how digital platforms are regulated in India. The dispute highlights ongoing tensions between regulators and social media companies over content moderation and accountability.
The Ministry of Electronics and Information Technology's notice to Meta in July and the NCPCR's summons on September 16 are the latest formal steps taken in this matter, as reported by medianama.com.