For India's social media intermediaries situation may get worse before it gets better
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India’s tryst with Internet intermediary liability started with the passing of Information Technology Act, 2000 (IT Act), about two decades back. Ever since its inception, the nature of intermediary liability was ambiguous to say the least. However, with the framing of rules titled Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (2021 Rules), intermediaries are going to face substantial headwinds regarding compliance and due diligence obligations.
During the initial years of the IT Act, only network service providers were given immunity under the law. By 2008, the case involving the website bazee.com exposed the shortcomings of the IT Act when its CEO was arrested under provisions of the Indian Penal Code and IT Act because of a pornographic video clip uploaded by a user on bazee.com.
[This article has been published with permission from IIM Calcutta. www.iimcal.ac.in Views expressed are personal.]