Centre questions Meta's 'intermediary' status over Facebook, Instagram ads

The government is increasing scrutiny on platforms and expects compliance in dealing with illegal content.

The Ministry of Electronics and Information Technology (MeitY) is questioning Meta’s status as an “intermediary” under Indian law, with a top ministry official arguing that the company should instead be treated as a service provider, given that its platforms, including Instagram and Facebook, charge for advertisements and use algorithms to determine what content users see.

Such behaviour, the official said on Wednesday, entails greater responsibility for the content allowed on its platforms. “When you charge to show something on your platform, you are no longer neutral,” the official said, adding that platforms that fail to meet the due-diligence requirements under Section 79 of the Information Technology (IT) Act “are no longer an intermediary” and should not receive safe-harbour immunity.

Under the IT Act, an intermediary is a person or entity that receives, stores or transmits electronic records on behalf of others, or provides services related to those records. Section 79 provides intermediaries with “safe harbour” protection from liability for third-party content on their platforms, subject to certain conditions, including compliance with prescribed due-diligence requirements.

The official, however, said whether Meta is entitled to intermediary status and immunity will ultimately be decided by the courts. “It cannot be decided by MeitY or Meta. This will come under the judiciary’s domain and will be an interpretation of the law,” the official said.