Blurb: Officials are reviewing if actively selecting and promoting content aligns with the legal definition of an IT Act intermediary.
New Delhi
The government has asked Meta to take corrective measures against deepfakes and other harmful artificial intelligence-generated content on its platforms, according to sources. The Centre is also examining the role of Meta’s recommendation algorithms and whether their functioning affects the company’s status as an intermediary under Indian law.
The issue has gained importance as Meta’s recommendation systems determine what content is shown to individual users and can promote certain content through paid mechanisms. Government officials are examining whether such active selection and promotion of content is consistent with the legal definition of an intermediary under the Information Technology Act.
Under Indian law, intermediaries receive certain legal protections for third-party content hosted, published, shared or transmitted through their platforms, provided they comply with prescribed due-diligence requirements. Section 79 of the IT Act, along with the Information Technology Rules, 2021, lays down these obligations.
Sources said that if a platform actively determines what users see, questions could arise over whether such functions amount to publishing content. In such a situation, the platform could potentially face greater accountability for material distributed through its systems.
The government’s discussions with Meta over the past few days have also focused on deepfakes and other AI-generated material that could cause harm or mislead users. The Centre has sought corrective action from the company to address such content and strengthen safeguards.
Failure to comply with the required due-diligence obligations could result in the loss of intermediary protection under Section 79. In such circumstances, platforms may face action under applicable laws, including provisions of the IT Act and the Bharatiya Nyaya Sanhita.
The government is also expected to engage with other major digital platforms to examine whether their operations and recommendation systems comply with the legal definition of an intermediary in India.