The Evolving Legal Landscape of Intermediary Liability in India: A Deep Dive

Abstract

India’s tryst with internet intermediary liability can be traced back almost two decades to when the Information Technology Act (IT Act), 2000 saw the light of day. With the rapid evolution of both the internet and its users in India, it would not be a stretch to say that the legislators in India have had to constantly ensure that the applicable laws stay updated and relevant. Going forward, given the recent framing of rules – ‘Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (2021 Rules)’, intermediaries will face an increasing compliance burden and more stringent due diligence obligations. This article is a deep dive into the changing landscape of intermediary liability in India. Some of the landmark case laws that have led to this evolution have also been discussed.