Government examines if Meta recommendation system deciding what-to-show-to-whom fits intermediary status

Published 8 August 2026 · tech

The Centre's meetings with Meta have brought into focus a key question — whether the social media giant's recommendation systems and promotion fit in its

The Centre's meetings with Meta have brought into focus a key question — whether the social media giant's recommendation systems and 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 (August 7, 2026) 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.