Government examines Meta’s recommendation system for intermediary status

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.

Sources said if Meta's recommendation systems determine "what is shown to whom" and also "promote content for payment", it raises the question of whether such functions are consistent with the legal definition of an intermediary.

According to the sources, if a platform determines what content gets shown to users, it amounts to publishing, and platforms would then have to take responsibility for their actions.

The issue assumes significance as intermediaries enjoy certain legal protections under the Act, subject to compliance with prescribed conditions. Sources said the government has also asked Meta to take measures to address deepfakes following multiple rounds of discussions held over the past few days.

As such, intermediaries, including social media platforms, are statutorily obligated under section 79 of the IT Act, read alongwith IT Rules, 2021, to observe due diligence as a condition for availing exemption from liability in respect of third-party information uploaded, published, hosted, shared or transmitted on or through their platform.

Failure to observe such due diligence obligations may result in the loss of the exemption from liability under section 79 of the IT Act, and such intermediaries may also be liable for consequential action as provided under any law including the IT Act and the Bharatiya Nyaya Sanhita.

They added that the government would review the outcome of those engagements before deciding whether to seek legal opinion. Sources said the government will also engage with other platforms as it examines whether they satisfy the definition of an intermediary under Indian law.

This week, the government questioned global team of Meta on issues including deepfakes, child sexual abuse material, unlabelled synthetic content and the functioning of recommendation systems.

After two days of intensive questioning of Meta top officials, the government on Friday shifted to technical discussions with the social media giant, during which the company detailed how it plans to address the Centre's concerns over deepfakes, child sexual abuse material and unlabelled synthetically-generated content on its platforms, sources had said.

Officials will regularly follow up with the company on its progress, sources asserted. One of the key issues discussed was the reappearance, continued circulation and virality of AI-generated harmful content, even after it has been flagged.

The government had also questioned Meta on why AI-generated videos without labels continue to remain visible on its platforms despite the IT rules requiring synthetic content to be identified and labelled, sources has said.

The government asked Meta to have greater human oversight in content moderation, with enhanced awareness and understanding of Indian languages, as well as local nuances.

Another meeting is expected to be held in the coming week. Government sources said the objective is not censorship, but to ensure that the company complies with Indian laws.

Sources had earlier said that Meta admitted there were "serious issues" and assured it will take continuous action to resolve them. The government will continue to press the company to undertake sustained measures, actions and improvements to address its various concerns, they added.

Meta's team led by Meta's global affairs head Joel Kaplan had met IT Minister Ashwini Vaishnaw and IT Secretary S Krishnan on Wednesday and Thursday, following the government's summons over the temporary restriction of Prime Minister Narendra Modi's Facebook post recently.

On Thursday, the Meta team was asked if it is adhering to Indian laws, grilled on algorithmic issues, and guardrails that ensure constitutional and legal requirements are being met.

Meta had assured that it is indeed serious and "working hard" to address concerns around deepfakes, child sexual abuse material, bots and synthetic content.

On Wednesday, Meta apologised for the temporary removal of Modi's post, as well as for failures ranging from child sexual abuse content to deepfakes and boosting certain content by being paid "a lot of money", government sources had earlier said.

While Kaplan had said, in a written statement on Wednesday, that he "apologised to the minister on behalf of Meta for the error restricting PM Modi's post", government sources, who did not wish to be identified, had said the apology came from company chief executive Mark Zuckerberg.

A Parliamentary Standing Committee, too, had sought an apology from Zuckerberg over the removal of Modi's Facebook post, warning in a letter that protection and immunity available could be withdrawn if no apology was forthcoming within three days. Modi had first posted the selfie video on Instagram.