Meta’s Safe Harbour Under Scrutiny

The Indian government is examining whether Meta’s recommendation algorithms and paid content promotion remain compatible with its legal status as an intermediary under the Information Technology Act, 2000. At the heart of the debate is how actively platforms shape what users see.

Under Section 79, intermediaries can receive conditional protection from liability for third-party content when they meet prescribed requirements. The emerging question is whether algorithmically recommending, prioritizing or commercially promoting content makes a platform more than a neutral intermediary.

The implications could be significant. Any narrowing of safe-harbour protection could increase compliance and legal exposure for social-media platforms while influencing how recommendation engines and advertising systems operate in India.

Government concerns reportedly extend to deepfakes, child sexual abuse material and inadequately labelled synthetic content, putting AI governance and platform accountability increasingly under the same regulatory lens.

The larger issue is whether laws designed for passive intermediaries remain adequate for AI-driven platforms that actively curate attention. India’s approach could significantly influence the future responsibilities of digital platforms.