Is Meta an ‘intermediary’ or publisher under IT rule? Govt questions its ‘what is shown to whom’ systems
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
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 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. Also Read | Meta says its AI model hacked another company, adding to worries about bots going rogue Govt review Sources said that the government would review the outcome of those engagements before deciding whether to seek legal opinion.
The BriefWire