Platform Accountability For Technology- Facilitated Gender-Based Violence In India: Rethinking Intermediary Liability And Content Moderation
Lakshmiprasad A.N., LLM, University Law College and Department of Studies in Law, Bengaluru University, Bengaluru, Karnataka
ABSTRACT
Social media and other online platforms have become part of everyday life, but they have also become places where women face harassment, threats, stalking and the sharing of intimate images without consent. This kind of abuse, often called technology-facilitated gender-based violence, does not end when a post is removed. It can push women out of public conversation and affects their privacy, safety and equal participation in society.
This article examines how Indian law deals with the responsibility of platforms for such abuse. It looks at the criminal provisions that apply, the safe harbour for intermediaries under section 79 of the Information Technology Act, 2000, the way the Supreme Court read that provision in Shreya Singhal, and the Intermediary Rules of 2021 with their twenty-four hour takedown rule for intimate imagery. It also considers the Delhi High Court's decision in X v. Union of India and compares the Indian position with the approach of the European Union and the United Kingdom.
The article argues that the present system depends too heavily on victims finding, reporting and following up each piece of abusive content, and that notice and takedown alone is not enough. It suggests that large platforms should be asked to assess and reduce gender-based risks, to make reporting accessible in Indian languages, to deal effectively with copies of intimate imagery and to be transparent about how they respond. It also stresses that these duties must come with safeguards for free speech and privacy.
Keywords: Gender Justice; Technology-Facilitated Violence; Intermediary Liability; Platform Accountability; Content Moderation; Digital Rights.
