New Delhi: The government has asked Meta to take corrective action against deepfakes and other harmful AI-generated content on its platforms, according to sources.

Officials are also examining whether Meta still qualifies as an intermediary under Indian law, given the role its recommendation systems play in determining what content users see. Sources indicated that the central issue is whether a platform that actively decides what users are shown can maintain intermediary status under the Information Technology Act.

If a company’s recommendation systems determine “what is shown to whom” and promote content for payment, these functions raise questions about consistency with the legal definition of an intermediary, the sources said. Where a platform chooses what content is displayed to users, that role could be viewed as closer to publishing, with corresponding accountability.

The distinction is significant because the IT Act grants intermediaries certain legal protections, provided they meet specified requirements. Under Section 79 of the IT Act, read with the IT Rules, 2021, intermediaries—including social media platforms—must exercise due diligence to obtain exemption from liability for third-party information that is uploaded, published, hosted, shared or transmitted on or through their platforms.

If an intermediary loses the exemption under Section 79, it may be subject to consequential action under applicable law, including the IT Act and the Bharatiya Nyaya Sanhita.

After several rounds of talks in recent days, the government has specifically requested that Meta act against deepfakes. It is also expected to consult other platforms to assess whether they continue to meet the definition of an intermediary under Indian law.

The dual focus—on harmful AI-generated content and on the legal status of algorithmic recommendation systems—reflects a broader regulatory scrutiny of how large platforms curate and amplify material for users in India.