An Analysis Of Legal Accountability Of E- Commerce Platforms In India
- IJLLR Journal
- 5 days ago
- 1 min read
Harini Krishnan, LLM, Christ University
ABSTRACT
Digitalisation has resulted in transition from brick-and mortar stores to e- commerce. It is convenient to purchase and sell varied products and services through e-commerce entities with the help of internet, mobile applications and digital networks. In India, the Information Technology Act, 2000, Consumer Protection laws are the primary legislations that govern e- commerce. While Information Technology Act, 2000 consists of provisions relating to e-contracts, electronic and digital signatures, safe harbour principle, the Consumer Protection Act and Rules governing e-commerce framed under the Act, are the consumer protection laws that safeguard consumers in e-commerce. Despite, the existence of these laws, there is a lacuna in establishing the legal accountability of e-commerce entities. The main issue is the safe harbour principle embodied in Section 79 of the IT Act, 2000 being extended to the e-commerce entities. Such protection against intermediary liability given to e-commerce entities is debatable as these entities are actively involved in pricing, product listing, packaging and delivery. Moreover, the existing consumer protection laws are not sufficient as consumers continue to face challenges like misleading advertisements, delayed refunds, faulty products, etc. Thus, laws have to be legislated in the manner that it provides for the duties and liabilities of e-commerce entities, so that there is a balance between legal compliance and growth of e- commerce entities.
Keywords: E-commerce, intermediary, liability, consumer, safe harbour
