Facebook, Instagram under scrutiny as Centre challenges Meta's intermediary status

The Centre is questioning whether Meta should continue to enjoy the legal status of an “intermediary” in India, arguing that the company’s role in running paid advertisements and using algorithms to shape users’ feeds could carry greater responsibility for content on its platforms.

A senior Ministry of Electronics and Information Technology (MeitY) official said on Wednesday that Meta’s platforms, including Facebook and Instagram, may be treated as service providers rather than neutral intermediaries.

“When you charge to show something on your platform, you are no longer neutral,” the official said.

Safe harbour protection under scrutiny

Under Section 79 of the Information Technology (IT) Act, intermediaries can receive “safe harbour” protection from liability for third-party content, provided they meet prescribed due-diligence requirements.

The official said platforms that fail to meet these requirements “are no longer an intermediary” and should not receive safe-harbour immunity.

However, MeitY itself will not have the final say on Meta’s legal status.

“It cannot be decided by MeitY or Meta. This will come under the judiciary’s domain and this will be an interpretation of the law,” the official said.

The issue has gained attention as Meta faces increased scrutiny over the handling of child sexual abuse material (CSAM) on its platforms.

Meta recently agreed to report CSAM directly to the Cyber Crime portal maintained by the Indian Cybercrime Coordination Centre (I4C), changing its earlier practice of reporting such cases only to the US-based National Centre for Missing and Exploited Children (NCMEC).

Meta faces questions over CSAM allegations

The government's scrutiny intensified following a BBC Eye investigation that found Instagram advertisements in India using phrases such as “rape video” and “child video”, which allegedly directed users to Telegram channels selling CSAM.

MeitY said other social media platforms would also be required to report CSAM and other illegal content to Indian law enforcement agencies. The government also expects platforms to remove content that could contribute to suicide or depression among children.

Meta India chief appears before NCPCR

Meta India Managing Director Arun Srinivas appeared before the National Commission for Protection of Child Rights (NCPCR) on Wednesday over the allegations raised in the BBC report.

The 70-minute hearing was led by NCPCR chairperson Valeti Premchand, with senior officials from I4C and MeitY also present.

Srinivas was questioned about Meta’s safe-harbour eligibility, its earlier approach to reporting CSAM cases in India, and its AI-based detection and labelling systems.

According to people present at the hearing, Meta was unable to answer some questions and sought additional time to respond. The NCPCR has given the company two weeks to submit a report.

Srinivas appeared with members of Meta’s Indian public policy team, including Aman Jain and Natasha Jog. This was his second summons from the child rights panel after he did not attend the September 9 hearing.

The NCPCR had earlier sought an explanation from Meta over why police were allegedly not informed after the company became aware of CSAM being promoted on Instagram, citing Section 19 of the Pocso Act, which requires information about suspected offences to be reported to the authorities.