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Back To The Drawing Board: What Should Be The New Direction Of the Intermediary Liability Law?

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Document pages: 22 pages

Abstract: The primary objective of this article is to critically examine the rationale behind the current and proposed standards of legal liability for intermediaries in India. The article places immunities like ‘safe harbour’ provisions offered to intermediaries in the larger context of liability related law, showcasing them as subsidies suitable at the dawn of the internet era that cannot continue to be retained by today’s internet behemoths. The paper progresses to analyse crucial debates surrounding existing Indian provisions on intermediary law, regarding enforce-ability and ‘due diligence’ requirements. Through this analysis, the author wishes to draw out inadequacies in the recently introduced Draft Information Technology [Intermediaries Guidelines (Amendment) Rules] 2018 and propose an alternative legislative model that is closely tailored to Silicon Valley’s existing encryption and moderation practices.

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