Meta May Lose Intermediary Status In India Amid CSAM Scrutiny: Report

Social media giant Meta may no longer enjoy intermediary status in India, under which Facebook, Instagram and WhatsApp can seek “safe harbour” protection under Section 79 of the Information Technology Act, 2000 for content posted by their users.

As per a report by PTI, Meta may no longer be considered a “simple intermediary” when its algorithms amplify content and influence what users interact with. Government sources cited by the agency said that the company may have to take greater responsibilities as a service provider.

Inc42 has reached out to Meta on the development, the story will be updated upon receiving a response.

The comments come amid growing regularity scrutiny of Meta’s handling of child sexual abuse material (CSAM), deepfakes and other harmful content on Facebook and Instagram in India. The Centre has also questioned the role of recommendation algorithms in determining the visibility and reach of such content.

“Service providers have many responsibilities… Once Meta has agreed to be responsible for what they have on the platform, then as the next steps, they have to start taking many more responsibilities,” the sources said, PTI reported.

The development comes a day after Meta said it would report child safety matters directly to the cybercrime portal managed by the Indian Cybercrime Coordination Centre (I4C). The company has previously reported such cases to the US-based National Center for Missing and Exploited Children (NCMEC).

“Protecting children on our platforms is a priority for us and we’re committed to working with the government to ensure that the perpetrators of these crimes are held responsible,” a Meta spokesperson reportedly said.

The company said the new reporting mechanism would strengthen coordination with Indian law enforcement agencies.

Meta’s Widened Scrutiny Over Instagram Ads

Meta is also facing a formal inquiry by the National Commission for Protection of Child Rights (NCPCR) over alleged ads hosted by its platforms linked to CSAM.

The NCPCR issued a notice to Meta on July 3 after taking suo motu cognisance of a BBC report on the alleged advertisements. Meta submitted its response a week later, following which the commission decided to initiate a formal inquiry.

Meta India executives, including India head Arun Srinivas, appeared before the NCPCR on Wednesday for the second time in a week in connection with the investigation.

The Centre has separately summoned Meta executives and held several rounds of discussions with the company’s global leadership, seeking stronger guardrails against such content. Beyond this, the scrutiny has also extended to Meta’s recommendation systems.

The National Human Rights Commission (NHRC) has also sought reports from government agencies and the Delhi Police over the allegations involving CSAM-related advertisements, including whether mandatory reporting requirements under the Protection of Children from Sexual Offences (POCSO) Act were followed.

Meta has also been seeing such concerns raised internationally in recent times. In August, Meta agreed to pay up to $18 Bn over a decade to settle claims brought by US states alleging that Facebook and Instagram harmed children and teenagers. The agreement includes measures such as limits on teenage usage, overnight restrictions and stronger parental controls. Meta did not admit wrongdoing as part of the settlement.

In India, the government is separately pushing social media platforms to strengthen safeguards for children and improve systems for identifying, removing and reporting illegal content.

The latest focus on Meta’s algorithms marks a broader shift in the regulatory debate, from how platforms respond to user-generated content to the role their own systems play in amplifying and distributing it.

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