Centre Questions Meta's Intermediary Status Over Facebook, Instagram Ads

The Centre has questioned whether Meta can continue to claim the status of an “intermediary” under Indian law, arguing that the company’s role on platforms such as Facebook and Instagram goes beyond simply hosting or transmitting content. According to government officials cited in recent reports, Meta’s advertising and algorithmic systems play an active role in deciding how content is amplified, distributed and presented to users. The government’s position is that a platform that charges advertisers to place content before users cannot be considered entirely neutral.

The issue is significant because intermediary status is linked to the legal protection known as “safe harbour” under Section 79 of the Information Technology Act. The provision can protect intermediaries from liability for third-party content, subject to compliance with prescribed legal and due-diligence requirements.

Government officials have argued that Meta should assume greater responsibility for material distributed through its services when its systems actively determine what users see. However, officials have also acknowledged that the final interpretation of Meta’s legal status would have to be settled by the judiciary rather than being decided solely by the government or the company.

The Centre’s position comes amid growing scrutiny of Meta over allegations involving paid advertisements linked to child sexual abuse material on Instagram. The controversy has prompted closer examination of how the platform reviews advertisements, detects illegal material and responds when harmful content is identified.

Meta has acknowledged lapses and agreed to report child sexual abuse cases directly to Indian law-enforcement authorities. The company’s decision follows pressure from Indian authorities to strengthen cooperation with domestic agencies dealing with online child safety and cybercrime. The government’s latest comments could have wider implications for social media companies operating in India. The debate is increasingly focused on whether platforms using recommendation algorithms, targeted advertising and automated content systems should have the same legal protections as services that merely transmit user-generated information.

Any change in its legal treatment could affect how responsibility for content on Facebook and Instagram is assessed in India. For now, however, the question of whether the company qualifies for intermediary protection remains subject to legal interpretation and any eventual judicial determination.

Disclaimer: This image is taken from Hindustan Times.