Centre questions Meta's 'intermediary' status over Facebook, Instagram ads
The government is increasing scrutiny on platforms and expects compliance in dealing with illegal content.
The Ministry of Electronics and Information Technology (MeitY) is questioning Meta's status as an "intermediary" under Indian law, suggesting the company should instead be classified as a service provider. This is because Meta's platforms, such as Instagram and Facebook, charge for advertisements and use algorithms to determine user content, implying a greater responsibility for the content allowed.
The official stated that platforms charging for ad space are no longer neutral and may not receive safe-harbour immunity under Section 79 of the Information Technology Act. Section 79 grants intermediaries immunity from liability for third-party content on their platforms, provided they meet certain due-diligence requirements. The official acknowledged that the final decision on Meta's intermediary status and immunity lies with the courts.
The scrutiny comes amid Meta's agreement to report child sexual abuse material directly to the Indian Cybercrime Coordination Centre (I4C), deviating from its previous practice of reporting to the US-based National Centre for Missing and Exploited Children (NCMEC).
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