The National Human Rights Commission (NHRC) of India has initiated a significant review into the intermediary status of Meta Platforms, citing concerns over the company's use of artificial intelligence (AI) and algorithms to manage content. This move comes amidst allegations that Meta's platforms, particularly Instagram, have facilitated the promotion of child sexual abuse material (CSAM) through paid advertisements.
Understanding Intermediary Status and NHRC's Concerns
Under current regulations, social media platforms typically enjoy protections from direct responsibility for user-generated content due to their classification as intermediaries. However, the NHRC argues that Meta's active involvement in generating, recommending, modifying, curating, and promoting content through its AI and algorithmic systems may challenge this status.
The commission has specifically requested the Ministry of Electronics and Information Technology (MeitY) and the Ministry of Information and Broadcasting (MIB) to conduct a thorough examination of Meta's content handling practices. This includes scrutinizing how Meta's AI tools influence content generation, modification, curation, recommendation, publishing, amplification, and monetization.
Government Ministries and Delhi Police Tasked with Inquiry
Both MeitY and MIB have been given a two-week deadline to submit detailed, point-by-point Action Taken Reports to the NHRC. Concurrently, the Delhi Police has also been directed to provide an updated report within the same timeframe regarding its investigation into the matter.
The NHRC's inquiry was prompted by a BBC World Service report alleging that paid advertisements on Instagram were promoting or providing access to CSAM within India. This is not the first instance where the NHRC has demanded an investigation into whether Meta complies with mandatory reporting requirements under India's Protection of Children from Sexual Offences (POCSO) Act.
Beyond Advertisements: AI Content Suggestions Under Scrutiny
The commission's investigation extends beyond just advertisements. It has reviewed screenshots submitted by a complainant, which purportedly show Meta's AI tools suggesting content ideas, formats, and captions. While the NHRC has not yet ruled that Meta is no longer an intermediary, these observations contribute to the broader questioning of Meta's role.
MeitY is also specifically tasked with clarifying whether the alleged offenses related to CSAM were reported as required under Section 19 of the POCSO Act, emphasizing the serious nature of the allegations and the legal obligations of platforms operating in India.