NHRC questions Meta’s intermediary status over AI systems, seeks asks MeitY, MIB review

The National Human Rights Commission (NHRC) is accusing Meta of promoting paid advertisements of child sexual abuse material (CSAM) on Instagram. Now, it is questioning Meta’s intermediary status as it uses AI and algorithms to generate, recommend, modify, curate and promote content.

In addition, NHRC has asked the Ministry of Electronics and Information Technology (MeitY) and the Ministry of Information and Broadcasting (MIB) to examine how involved Meta is in handling content, including generating, modifying, curating, recommending, publishing, amplifying and monetising it, as per a Moneycontrol report.

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With the intermediary status, social media platforms get protections from being held directly responsible for user-generated content. However, since its ad system is AI- and algorithm-based, the NHRC wants the government to examine its active role in recommending and amplifying content.

Now, both ministries have been given two weeks to submit a detailed report on the investigation. It has also asked the Delhi Police to submit an updated report within the same period.

NHRC investigates Meta

The commission has asked for detailed, point-by-point Action Taken Reports from MeitY and MIB via a notice dated September 2, 2026. It follows a BBC World Service report alleging that paid advertisements on Instagram were promoting or facilitating access to CSAM in India.

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However, this is not the first time NHRC has demanded an investigation to check whether mandatory reporting requirements under India's Protection of Children from Sexual Offences (POCSO) Act have been followed. This showcases that NHRC is going beyond ads to investigate Meta.

It has also reviewed screenshots submitted by the complainant that allegedly show Meta's AI tools suggesting content ideas, formats and captions. Although it has not ruled that Meta is no longer an intermediary. In addition, MeitY is to clarify whether the alleged offences were reported as required under Section 19 of the POCSO Act.