The Indian government has told Meta that its platforms should be treated as service providers rather than simple intermediaries, arguing that Meta's advertising and recommendation algorithms actively determine what content and ads users see, a role that goes beyond passively hosting third party content. The dispute traces to a BBC Eye investigation published in July 2026 that found paid Instagram advertisements featuring AI generated child sexual abuse imagery, including 84 ads the investigation said targeted India, followed by a separate investigation reported in August finding dozens of similar paid advertisements across Facebook, Instagram, Messenger and Threads. India's National Commission for Protection of Child Rights issued notice to Meta on July 3, 2026 taking up the matter, and summoned Meta India's managing director and head, Arun Srinivas, for a second time on September 16, 2026. Government sources said safe harbour protection under Section 79 of the Information Technology Act is conditional and does not extend to platforms that fail to comply with due diligence obligations under the IT Rules, including requirements to prevent content that is obscene, pornographic or paedophilic, and does not shield platforms from reporting obligations under the Protection of Children from Sexual Offences Act. Meta has agreed to report child sexual abuse cases directly to India's I4C cybercrime portal rather than only to the US based National Center for Missing and Exploited Children. Sources cautioned that the ultimate legal question of whether Meta loses safe harbour protection remains for courts to decide.