Government examines if Meta recommendation system deciding what-to-show-to-whom fits intermediary status
The Indian government is questioning whether Meta's recommendation algorithms and paid content promotion violate its status as an intermediary under the IT Act. Officials argue that by actively deciding what content users see, the platform may be acting as a publisher, which would strip it of legal safe harbor protections.
Why it matters
This debate could fundamentally change how social media platforms operate in India, potentially forcing them to take legal responsibility for the content they promote or curate.
The Centre's meetings with Meta have brought into focus a key question — whether the social media giant's recommendation systems and paid content promotion fit in its status as an intermediary, government sources said adding the key issue is whether the company complies with the provisions under the IT Act or crosses into the role of a publisher by deciding "what content is shown to whom".
Sources further said that the issue centres on whether a platform that actively decides what users see, can continue to claim intermediary status under the Information Technology Act.
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.
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