Meta's Intermediary Status Under Scrutiny in 2026: Key Concerns Over Compliance

Introduction

In 2026, the Indian government has intensified its scrutiny of Meta's intermediary status under the Information Technology Act. Government sources reveal that the core issue is whether Meta's recommendation systems and paid content promotion fit within its intermediary role. The crux of the matter is whether Meta complies with the provisions under the IT Act or crosses into the role of a publisher by deciding 'what content is shown to whom'.

Government's Concerns

The government's primary concern revolves around whether a platform that actively decides what users see can continue to claim intermediary status. Section 79 of the IT Act grants intermediaries a 'safe harbour' from liability for third-party content, provided they comply with the law and due diligence requirements. If Meta's recommendation systems determine 'what is shown to whom' and promote content for payment, it raises the question of whether these functions are consistent with the legal definition of an intermediary.

Legal Implications

According to sources, if a platform determines what content gets shown to users, it amounts to publishing, and platforms would then have to take responsibility for their actions. This issue assumes significance as intermediaries enjoy certain legal protections under the Act, subject to compliance with prescribed conditions. Failure to observe due diligence obligations may result in the loss of the exemption from liability under section 79 of the IT Act, making intermediaries liable for consequential actions as provided under any law including the IT Act and the Bharatiya Nyaya Sanhita.

Deepfakes and Content Moderation

The government has also asked Meta to take measures to address deepfakes following multiple rounds of discussions held over the past few days. This week, the government questioned Meta's global team on issues including deepfakes, child sexual abuse material, unlabelled synthetic content, and the functioning of recommendation systems. Meta's team led by global affairs head Joel Kaplan met IT Minister Ashwini Vaishnaw and IT Secretary S Krishnan to discuss these concerns.

Future Engagements

After two days of intensive questioning of Meta top officials, the government shifted to technical discussions with the social media giant, during which the company detailed how it plans to address the Centre's concerns over deepfakes, child sexual abuse material, and unlabelled synthetically-generated content on its platforms. Officials will regularly follow up with the company on its progress. One of the key issues discussed was the reappearance, continued circulation, and virality of AI-generated harmful content, even after it has been flagged.

FAQ Section

**Q: What is the main issue with Meta's intermediary status? A: The main issue is whether Meta's recommendation systems and paid content promotion align with its intermediary role under the IT Act.

**Q: What legal protections are at stake? A: Intermediaries enjoy a'safe harbour' from liability for third-party content under Section 79 of the IT Act, provided they comply with due diligence requirements.

**Q: What are the government's primary concerns regarding Meta? A: The government is concerned about the reappearance and virality of AI-generated harmful content and the lack of proper labelling of synthetic content.

Conclusion

In 2026, Meta's intermediary status remains under intense scrutiny by the Indian government. The focus is on whether Meta's recommendation systems and paid content promotion comply with the IT Act. The government aims to ensure that Meta adheres to Indian laws and takes necessary measures to address concerns over deepfakes, child sexual abuse material, and content moderation.

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