Evolving scope of intermediary liability in India

Abstract

ABSTRACT The passing of the ‘Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021’ rekindles the age-old question about the scope of intermediary liability in India. The 2021 Code is not the first one to have raised this question. There is a long history of what the law in India wants the intermediaries to do in terms of managing the online space they own. At times, the legal structure has not made the expectations certain and definitive. The article reflects on the scope of intermediary liability in India and the extent of uncertainty that intermediaries face within the existing framework. It makes certain recommendations about bringing certainty for intermediaries. In the process, this article consults Legislation and Guidelines linked with intermediary liability. There is a critical assessment of various judgements delivered on the issue of intermediary liability in India.