The Indian government has questioned Meta’s safe-harbour protection, arguing its content-amplifying algorithms make it a 'service provider' rather than a passive intermediary. Amid heightened scrutiny over child safety, deepfakes, and harmful content, Meta agreed to report child exploitation directly to India's I4C cybercrime portal.
Meta can no longer be viewed as a 'simple intermediary' when its algorithms play an active role in amplifying content and deciding what users see, government sources said on Wednesday. The development comes amid Centre stepping up its scrutiny of the social media giant over child safety and harmful online content. The government's position comes shortly after Meta agreed to report child safety-related matters directly to Indian law enforcement agencies through the cybercrime portal managed by the Indian Cyber Crime Coordination Centre (I4C).
Government questions Meta’s safe-harbour protection
According to government sources, Meta’s role in deciding the visibility and reach of content through its algorithms means it should be treated as a 'service provider' rather than merely a passive intermediary. The sources said service providers have responsibilities towards users and argued that Meta would need to take greater responsibility for content available on its platforms, including Facebook and Instagram.
The government also believes Meta does not have legal immunity in the present situation. However, officials stressed that the final interpretation of the law and any decision on whether the company is entitled to immunity rests with the judiciary.
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"But we believe they do not have the immunity," government sources said.
The distinction is important because intermediary status can provide platforms with legal protection, subject to applicable conditions and due-diligence requirements. The government’s latest position indicates that it wants platforms to take greater responsibility where their own systems actively influence how content is distributed.
Meta agrees to report child safety cases to India
The government’s comments come after Meta agreed to report child safety matters directly to India’s cybercrime reporting system.
Until now, Meta has reported instances of child sexual abuse material to the US-based National Center for Missing and Exploited Children (NCMEC), which coordinates with law enforcement agencies in different countries.
Meta has now agreed to report such matters directly to the cybercrime portal managed by I4C in India.
A Meta spokesperson said protecting children on its platforms was a priority and that the company was committed to working with the government to ensure that perpetrators of such crimes were held responsible.
The company said the direct reporting mechanism was intended to strengthen efforts to tackle child exploitation and improve cooperation with Indian authorities.
The move followed several rounds of discussions between the Centre and Meta executives over online child safety and the handling of harmful content.
Why Meta is under scrutiny in India
The latest developments follow growing concerns in India about child sexual exploitation material, deepfakes and other harmful content appearing on social media platforms.
In July, the Ministry of Electronics and Information Technology (MeitY) issued a notice to Meta over allegations concerning Child Sexual Exploitative and Abuse Material (CSEAM) in paid advertisements on Instagram.
The ministry directed Instagram to disable advertisements and content that promoted or facilitated access to such material and sought an explanation from the company.
Meta later said it took the concerns seriously and removed violating advertisements and accounts after investigating the issue. The company has also said its systems had detected and disabled several violating ads and accounts.
The government, however, continued discussions with Meta and pressed for stronger safeguards and faster action against harmful content.
NCPCR's inquiry
The issue is also being examined by the National Commission for Protection of Child Rights (NCPCR).
The child rights body issued a notice to Meta Platforms, Inc. on July 3, 2026, seeking an explanation over allegations concerning CSEAM advertisements. Meta submitted its response about a week later.
Following the response, NCPCR decided to institute a formal inquiry to establish the facts of the matter.
The commission has since summoned Meta India’s Managing Director and Head for another hearing as part of the ongoing inquiry. Government sources said the hearing is scheduled for September 16.
NCPCR has the power to take suo motu notice of matters involving deprivation or violation of child rights and inquire into complaints relating to child rights and the implementation of laws protecting children.
Centre says child safety is non-negotiable
The government has made it clear that online safety of children is a key requirement for social media companies operating in India.
Government sources have described child safety as a “fundamental principle” and said it is “non-negotiable”.
The Centre has also been engaging with other social media platforms to push for stronger systems to identify, remove and report harmful material involving children.
The broader regulatory debate goes beyond child abuse material. Social media companies are facing increasing scrutiny over the way recommendation algorithms influence what users see, as well as concerns around harmful content, online addiction, mental health, deepfakes and algorithmic bias.
(With inputs from agencies)
