The Centre is examining whether Meta's recommendation systems and paid content-promotion mechanisms are compatible with its legal status as an intermediary under India's Information Technology Act, government sources said. The issue centres on whether a platform that actively determines “what content is shown to whom” can continue to claim the safe-harbour protections available to intermediaries. The discussions have taken place during multiple meetings between government officials and Meta representatives over the company's handling of content and recommendation systems.

Section 79 of the Information Technology Act provides intermediaries protection from liability for third-party content, subject to compliance with prescribed conditions and due-diligence requirements. Government sources said the question arises when platforms use recommendation systems to determine which content reaches particular users or promote content through paid mechanisms. They said the government is examining whether such functions could potentially move a platform beyond the role of a passive intermediary and towards greater responsibility for content distribution.

The Centre has also been questioning Meta over several other content-moderation concerns, including deepfakes, child sexual abuse material, unlabelled synthetic content and the continued circulation of harmful AI-generated material. Officials have specifically raised concerns about AI-generated videos remaining visible despite requirements under the Information Technology Rules, 2021, for synthetic content to be identified and labelled. The government has also called for greater human oversight in moderation, along with stronger understanding of Indian languages and local cultural and social contexts.

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After two days of discussions with senior Meta officials, the government shifted to technical-level discussions on Friday, during which the company outlined measures to address concerns raised by Indian authorities. Officials are expected to regularly follow up with Meta on its progress, particularly regarding the reappearance and virality of AI-generated harmful content even after it has been flagged. Another meeting between the government and Meta is expected in the coming week, according to government sources.

The discussions follow meetings between Meta's global affairs head Joel Kaplan and Information Technology Minister Ashwini Vaishnaw and IT Secretary S Krishnan on Wednesday and Thursday. The company had been summoned amid concerns including the temporary restriction of Prime Minister Narendra Modi's Facebook post. Meta subsequently apologised for the restriction, while government sources said the company also acknowledged concerns involving deepfakes, child sexual abuse material, bots and synthetic content. A Parliamentary Standing Committee had separately sought an apology from Meta chief Mark Zuckerberg over the removal of Modi's post.

Government sources stressed that the objective of the exercise is not censorship but ensuring compliance with Indian law. Under Section 79 and the IT Rules, intermediaries are required to follow due-diligence obligations to retain their exemption from liability for third-party information hosted or transmitted through their platforms. The government is expected to review the outcome of its engagement with Meta before deciding whether to seek a legal opinion on the intermediary-status question. It also plans to engage with other platforms as part of a broader examination of whether social media companies meet the statutory definition of an intermediary under Indian law.

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