Intermediary Liability In The Context Of Online Platform: Comparative Analysis

Intermediary Liability In The Context Of Online Platform: Comparative Analysis Of Different Legal Approaches

Rupali Agrawal, LLM, (Corporate law) from MNLUA

ABSTRACT

This study delves into intermediary liability in the digital age. It defines cyber intermediaries and emphasizes their role. It explores various types of intermediaries and their legal responsibilities. The research reviews India's journey through intermediary liability, including the Bazee.com case. It also covers the United States and the European Union's legal landscapes regarding intermediaries. Safe harbour provisions and due diligence requirements are explained which protect intermediaries.

The study examines content regulation and case studies, including online content moderation and the doctrine of auto-block. Notable legal cases shed light on judicial approaches to intermediary liability. Recent developments in India, including the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and the Information Technology Amendment Rules 2023, are dissected, along with the Digital India Act 2023 and the Digital Data Protection Bill, 2023. The study addresses criticisms. Concluding remarks offer recommendations, aiming to shape intermediary liability's future in the digital realm. This analysis enhances understanding of regulatory frameworks and stakeholders.