Is Meta Still Just An Intermediary? Why India Is Rethinking Safe Harbour

Introduction

In mid-September 2026, government sources said Meta Platforms’ Indian operations, Facebook, Instagram and Threads, should no longer be viewed merely as an “internet intermediary” but should also be treated as a “service provider,” arguing that the company’s monetised algorithms actively decide what content gets amplified, distributed and shown to whom.^1,2 That is a government position, not a new statutory classification, and this article returns to that distinction below. The statement came amid a wider controversy: the National Commission for Protection of Child Rights (NCPCR) has twice summoned Meta India’s leadership over allegations that paid Instagram advertisements gave users access to child sexual abuse material (CSAM), and the Ministry of Electronics and Information Technology (MeitY) had earlier directed Instagram to disable such advertisements.^3,4,5