Is Meta an ‘intermediary’ or publisher as per IT rule? Govt questions its ‘what is shown to whom’ systems, paid content
The government reportedly questioned Meta's role, asking if it crosses into the role of a publisher by deciding “what content is shown to whom.”
The Centre is scrutinizing whether Meta qualifies as an intermediary under the Information Technology (IT) Act or if it violates its status. Authorities have questioned Meta's role, exploring if it functions as a publisher by deciding what content is displayed to specific users, according to sources. If Meta and other platforms determine content visibility, they would likely be considered publishers, and thus responsible for their actions.
The focus lies on Meta's recommendation systems and paid content promotion. The issue revolves around whether platforms that actively decide what users see can maintain their intermediary status under the IT Act. Section 79 of the IT Act provides intermediaries with a safe harbor from liability for third-party content, provided they meet specific compliance and due diligence requirements.
If Meta's recommendation systems decide content visibility and promote paid content, it raises questions about whether these functions align with the legal definition of an intermediary. According to sources, if a platform decides what content users see, it amounts to publishing, and platforms would assume responsibility for their actions.
The government aims to determine if Meta and other platforms meet the intermediary definition under Indian law, engaging with Meta to address deepfakes, child sexual abuse material, unlabelled synthetic content, and recommendation system issues.
Written by urgent.news from Live Mint's reporting — not their text. Machine-written; read the original for the full account.
