The Indian government has directed Meta to implement strict corrective measures against deepfakes and harmful AI-generated content across its platforms, while launching a review of the tech giant's legal status under the Information Technology (IT) Act.
Following multiple rounds of discussions, the Ministry of Electronics and Information Technology requested that Meta take immediate action to curb synthetic media threats. Concurrently, government sources indicated that officials are examining whether social media platforms whose algorithms actively select, promote, or monetize content continue to qualify for safe-harbor protection as "intermediaries."
Under Section 79 of the IT Act, read alongside the IT Rules of 2021, platforms receive immunity from third-party content liability only if they observe due diligence and maintain a neutral role. Official sources noted that algorithmic recommendation systems determining user feed distribution—and paid content promotion—resemble publishing practices rather than passive hosting. If a platform functions as a publisher by deciding what users view, it risks losing its intermediary protection.
A loss of Section 79 immunity would expose platforms and their executives to direct legal prosecution for user-generated content under applicable legislation, including the IT Act and the Bharatiya Nyaya Sanhita.
The government plans to expand its regulatory scrutiny by consulting other social media platforms to determine whether their algorithmic distribution mechanisms comply with Indian statutory definitions of an intermediary.