Government examines if Meta recommendation system deciding what-to-show-to-whom fits intermediary status

The Indian government has initiated extended discussions with Meta, the parent company of Facebook and Instagram, focusing on the firm’s content moderation policies, compliance with Indian laws, and the functionality of its algorithms. These talks began after a temporary takedown of Prime Minister Narendra Modi’s Facebook Reel on July 28, which raised concerns among government officials and members of the ruling Bharatiya Janata Party (BJP). A senior official from the Ministry of Electronics and Information Technology (MeitY) confirmed that the discussions will continue for the next three to four days, involving Meta’s technical team and senior executives. The incident prompted Meta’s chief global affairs officer, Joel Kaplan, to meet and apologize to Union minister Ashwini Vaishnaw for the error that restricted the PM’s post for approximately five hours. Kaplan apologized on behalf of Meta, stating that the removal was due to an automated system incorrectly matching Modi’s Reel with another video. According to a senior MeitY official, the government was satisfied with Meta’s explanation but emphasized the need to ensure that the company’s algorithms and compliance mechanisms operate within India’s constitutional and legal boundaries. The official requested anonymity, highlighting the concern that Meta cannot apply foreign legal frameworks in India. The government is particularly interested in verifying whether Meta’s systems have adequate checks and balances to prevent similar incidents in the future. The discussions also touched upon the potential rollout of WhatsApp usernames, a feature Meta plans to launch globally by the end of the year. The government expressed concerns that allowing users to communicate via usernames rather than phone numbers might increase risks of impersonation, fraud, and cybercrime. Additionally, the government has raised questions about the adequacy of Meta’s compliance with data localization requirements and its ability to detect and remove harmful content promptly. Meta’s technical team provided a detailed explanation of how its systems function, including the process of identifying and handling harmful content. However, government officials have urged for more concrete changes to the algorithms governing the spread of such content and have requested a clear compliance roadmap from the company. Another meeting is expected to be held next week to continue these discussions. The government has intensified its scrutiny of Meta over several issues, including the spread of deepfakes, child sexual abuse material (CSAM), and synthetic content. Meta CEO Mark Zuckerberg had previously apologized for errors related to CSAM and deepfake content after concerns were raised by the Indian government. The latest developments come as India has tightened its regulatory framework for synthetically generated content, including amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules earlier this year. The government has also raised concerns about whether Meta’s recommendation systems and paid content promotion align with its status as an intermediary under the Information Technology Act. If Meta’s systems are determining what content is shown to users, it could challenge the company’s claim of intermediary status, which grants it legal protections under Section 79 of the IT Act. This issue is crucial as intermediaries enjoy certain legal protections under the Act, provided they comply with prescribed conditions. The government has also warned that if Meta fails to comply with its requirements, the company could lose its safe harbor protection under Section 79 of the IT Act. This protection shields platforms from liability for user-generated content, provided they adhere to legal requirements. The parliamentary standing committee on communications and information technology has given Zuckerberg three days to apologize for the removal of Modi’s video, threatening to revoke safe harbor protection if he does not comply. Meta’s delegation, which includes Kaplan, Neil Potts, and other senior executives, has been engaged in extensive discussions with government officials. The company has acknowledged gaps in its existing systems and outlined technical measures it could take to address deepfakes and other forms of synthetic content. Officials from both sides have agreed to continue the dialogue, with another meeting expected soon. The government has also raised concerns about the presence of child sexual abuse material on Meta platforms, particularly in paid advertisements on Instagram. The company has been asked to take immediate action to remove such content and to enhance its content moderation practices. Additionally, the government has requested greater human oversight in content moderation, emphasizing the need for enhanced awareness and understanding of Indian languages and local nuances. These discussions reflect the government’s commitment to ensuring that social media platforms operating in India comply with local laws and fulfill their responsibilities toward users and society. The government has indicated that it will continue to monitor Meta’s progress and may take further steps if necessary to enforce compliance with Indian regulations.