Intermediary Liability: Recent Developments in India

Abstract

A comprehensive legal foundation for governing intermediary liability has become required because of the rapidly expanding nature of India's digital ecosystem. With a concentration on recent changes under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and its subsequent amendment in 2023. The present paper discusses the constantly evolving legal framework governing intermediaries. The concept of intermediary liability, defined in Section 79 of the Information Technology Act, 2000, went through major modification, in particular with the 2009 amendment, which specified a conditional safe harbor clause. Determining the extent of intermediary responsibility has been greatly aided by court rulings such as Google India v. Vishaka Industries and Jitendra Singh Yadav v. Union of India. The IT Rules, 2021, which impose more stringent due diligence requirements on intermediaries, such as removing content responsibilities and the appointment of grievance officers, have been introduced in response to growing concerns about false information, privacy of users, and rights in digital media. By preventing misleading information about government- related issues and regulating internet betting, the 2023 amendment significantly broadens intermediary obligations. Although these regulations seek to strike a balance between free speech and responsible digital management, they also create worries about possible misuse by the government and over censorship. The changing legal landscape highlights the need for a flexible regulatory framework that is consistent with India’s constitutional principles and international standards, promoting a secure and accountable digital space.