Navigating Digital Gateways: Intermediary Liability And The Quest For A Balanced Legal Regime
- IJLLR Journal
- Aug 27
- 2 min read
Ojas Jain, B.B.A. LL.B. (Hons.), Symbiosis Law School, Pune
INTRODUCTION
The Intermediaries like social media platforms, e-commerce places, search engines and app stores are the connective tissues of India’s online economy. This rapid development of these intermediaries has made it necessary for development of the legal frameworks to address the problems and complexities which arise in the online platforms. The urge to restrict speech in India isn't limited to the government. At times, individuals petition the courts, seeking protection for the public from what they see as harmful or immoral speech. For example, Kamlesh Vaswani filed a plea with the Supreme Court of India, requesting that the government take steps to block access to online pornography in the country. In India, the Information Technology Act, 2000 (hereinafter IT Act) supplied the backbone and Section 79 of the same creates a safe harbor for these intermediaries and third-party content. In addition to these, the 2021 intermediary rules and amendments of the same elaborated the legal regime of Intermediary Liabilities including the due-diligence duties and other special obligations. These intermediaries are those actors involved in the internet transactions who have no pre legal relationship with other actors.
RESEARCH QUESTIONS
1. How does Section 79 of the IT Act, 2000 and the Intermediary Guidelines (2011 & 2021) define and regulate intermediary liability in India?
To what extent are intermediary liability laws in India consistent with the constitutional guarantees in Article 19(1)(a) and any restrictions that may be imposed under Article 19(2)?
What are the empirical studies that provide evidence of the chilling effect of India’s notice-and-takedown and monitoring regime?
What reforms are necessary to balance intermediary accountability with digital freedom and innovation in India?
