Meta may no longer qualify as ‘intermediary’, government weighs greater responsibility for content: Report
The development comes amid increased government scrutiny of Meta following allegations concerning the promotion and circulation of child sexual abuse material on its platforms.
- Sep 16, 2026,
- Updated Sep 16, 2026 8:04 PM IST
Meta may no longer be treated simply as an “intermediary” under India’s existing legal framework and could instead be considered a “service provider”, according to government sources cited by Moneycontrol.
The development comes amid increased government scrutiny of Meta following allegations concerning the promotion and circulation of child sexual abuse material on its platforms. According to the report, sources said Meta has acknowledged that “we have made mistakes” and indicated that it would report child abuse material to the authorities.
The government’s position, as reported by Moneycontrol, is that Meta’s role has evolved beyond merely hosting or transmitting content posted by users. Sources pointed to the company’s algorithms, which determine how content is recommended and distributed across its platforms.
“They charge for algorithms, so they can’t be intermediaries,” government sources were quoted as saying, arguing that Meta should instead be treated as a service provider with corresponding responsibilities.
This could have significant implications for the intermediary immunity that Meta has relied on under the existing legal framework. According to the sources cited by Moneycontrol, the government believes Meta should not be able to claim immunity from liability simply because it is classified as an intermediary.
“We believe they will not have immunity as an intermediary. So that liability removal is a big thing they were enjoying since then,” the sources said, according to the report.
The government is also examining how other jurisdictions are approaching the responsibilities of large technology platforms. Moneycontrol reported that sources pointed to Meta’s commitments in the US to remove certain categories of harmful or addictive material, including content that could lead to suicide, as an indication of responsibilities that could potentially be imposed on large platforms.
The broader government view, according to the report, is that different players involved in creating, recommending, amplifying or distributing content should have clearly defined responsibilities.
“Different players must take responsibility of the content,” sources were quoted as saying.
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Meta may no longer be treated simply as an “intermediary” under India’s existing legal framework and could instead be considered a “service provider”, according to government sources cited by Moneycontrol.
The development comes amid increased government scrutiny of Meta following allegations concerning the promotion and circulation of child sexual abuse material on its platforms. According to the report, sources said Meta has acknowledged that “we have made mistakes” and indicated that it would report child abuse material to the authorities.
The government’s position, as reported by Moneycontrol, is that Meta’s role has evolved beyond merely hosting or transmitting content posted by users. Sources pointed to the company’s algorithms, which determine how content is recommended and distributed across its platforms.
“They charge for algorithms, so they can’t be intermediaries,” government sources were quoted as saying, arguing that Meta should instead be treated as a service provider with corresponding responsibilities.
This could have significant implications for the intermediary immunity that Meta has relied on under the existing legal framework. According to the sources cited by Moneycontrol, the government believes Meta should not be able to claim immunity from liability simply because it is classified as an intermediary.
“We believe they will not have immunity as an intermediary. So that liability removal is a big thing they were enjoying since then,” the sources said, according to the report.
The government is also examining how other jurisdictions are approaching the responsibilities of large technology platforms. Moneycontrol reported that sources pointed to Meta’s commitments in the US to remove certain categories of harmful or addictive material, including content that could lead to suicide, as an indication of responsibilities that could potentially be imposed on large platforms.
The broader government view, according to the report, is that different players involved in creating, recommending, amplifying or distributing content should have clearly defined responsibilities.
“Different players must take responsibility of the content,” sources were quoted as saying.
For Unparalleled coverage of India's Businesses and Economy – Subscribe to Business Today Magazine