Is Meta an ‘intermediary’ or publisher under IT rule? Govt questions its ‘what is shown to whom’ systems, paid content

The Centre is reportedly examining a fundamental question: whether Meta complies with its status as an intermediary under the Information Technology (IT) Act or violates it.

The government questioned Meta's role, asking if it crosses into the role of a publisher by deciding "what content is shown to whom," sources told news agency PTI.

"If Meta, other platforms decide what content is shown, it's akin to 'publishing'; they must take responsibility for actions," sources were quoted as saying.

The focus now lies around the social media giant's recommendation systems and paid content promotion.

Sources told PTI 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.

Why does this matter? What are ‘intermediaries’ and ‘publisher’?

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 IT law and due diligence requirements.

The intermediaries enjoy certain legal protections under the Act, subject to compliance with prescribed conditions.

Sources were quoted as saying that 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.

Under the Information Technology Act, a ‘social media intermediary’ means an intermediary which primarily or solely enables online interaction between two or more users and allows them to create, upload, share, disseminate, modify or access information using its services.

Meanwhile, a ‘publisher’ means a publisher of news and current affairs content or a publisher of online curated content.

Intermediaries are statutorily obligated under section 79 of the IT Act, read along with 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.

Govt review

Sources said that the government would review the outcome of those engagements before deciding whether to seek legal opinion.

They reportedly said the government will also engage with other platforms as it examines whether they satisfy the definition of an intermediary under Indian law.

Deepfakes

The government has also asked Meta to take measures to address deepfakes following multiple rounds of discussions held over the past few days, sources told PTI.

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 the discussions, 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.

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.

Government sources said the objective is not censorship, but to ensure that the company complies with Indian laws.

Meta team meets govt

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.