Fair Dealing Online: Institutional Authority Between Courts And Platforms
- IJLLR Journal
- Feb 27
- 1 min read
Riya Yadav, LLM (IPR), Amity Law School, Amity University, Noida
ABSTRACT
The rapid expansion of digital platforms has transformed the enforcement and interpretation of copyright law, particularly regarding fair dealing. While Indian copyright law recognises fair dealing under Section 52 of the Copyright Act, 1957, the practical regulation of online content is increasingly shaped by intermediaries through automated moderation and private take-down mechanisms. This development raises important institutional concerns regarding the balance of authority between courts, which traditionally determine the legality of use, and platforms, which exercise significant control over user content. The legal framework under the Information Technology Act, 2000, especially Section 79 and the Intermediary Guidelines Rules, 2021, attempts to preserve judicial primacy by conditioning intermediary liability on court or government directions. However, risk-averse compliance practices often result in over-removal of lawful content, potentially undermining freedom of expression and legitimate fair dealing uses. This paper examines statutory provisions, constitutional principles, and judicial precedents to evaluate the evolving institutional dynamics. It proposes measures to ensure accountability, transparency, and protection of user rights in digital copyright governance.
Keywords: FairDealing, Copyright, Intermediaries, Platforms, Judiciary, Speech
