However, Facebook does choose what to put into people's news feeds, and it deletes content that violates the editorial policy of its terms of service. Some of this is done by automated tools, but a lot of it is done by people.
This means that Facebook is making editorial choices of which content to publish. That sounds like a media company.
But if Facebook were defined as a media company, it would have to employ thousands of staff to delete hate speech and keep other illegal content off the site. It would have to do this for every country and observe their media laws. It would be horribly expensive.
It's not just Europe: the recent presidential elections resurfaced this issue, and now Facebook is facing mounting pressure in the US.
If these companies continue to push their media efforts, they can't then shy away from the responsibilities that come with the business.
Foremski's Take: If Facebook loses its tech platform status, then Google Search and YouTube won't be far behind, and the same for others. It would result in a massive redistribution of responsibility in our modern world.
Media companies daily shoulder the high costs of their responsibilities in publishing content. But Facebook, Google et al, argue that they have no such responsibilities to society -- as is plainly seen in their aggressive tax payment strategies.
Given the rising importance of these companies to society, and the digital global economy, it is becoming an indefensible position.
As governments begin closing tax loopholes, there is another loophole that will come under tighter focus: technology platform. Like taxes, it's about taking responsibility for being a part of society -- not standing apart. It's unavoidable.