The Centre's meetings with Meta have brought into focus a key question, whether the social media giant's recommendation systems and paid content promotion fit in its status as an intermediary, government sources said adding the key issue is whether the company complies with the provisions under the IT Act or crosses into the role of a publisher by deciding "what content is shown to whom".
Sources further said that the issue centres on whether a platform that actively decides what users see, can continue to claim intermediary status under the Information Technology Act.
The issue assumes significance because Section 79 of the IT Act grants intermediaries a "safe harbour" from liability for third-party content, subject to compliance with the provisions of the law and due diligence requirements.
Sources said if Meta's recommendation systems determine "what is shown to whom" and also "promote content for payment", it raises the question of whether such functions are consistent with the legal definition of an intermediary.
According to the 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.
