India probes whether Meta's algorithms make it a publisher, threatening safe harbor

India is examining whether Meta Platforms' recommendation systems and paid promotion tools give the company publisher-like control over content, a shift that could cost it safe-harbor protection under Section 79 of the Information Technology Act. The review was triggered by the temporary restriction of a Facebook post by Prime Minister Narendra Modi, after which Meta's global affairs head, Joel Kaplan, apologized to IT Minister Ashwini Vaishnaw and IT Secretary S. Krishnan and lawmakers separately demanded an apology from Meta CEO Mark Zuckerberg. The scrutiny has broadened to deepfakes, unlabeled synthetic media, child sexual abuse material, bot accounts and allegations that CSAM appeared in paid Instagram ads, while officials consider whether stronger human moderation and a formal legal opinion could lead to revocation of Meta's intermediary status.

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