Algorithms designed to attract users can also attract liability.
Two landmark US courts’ verdicts in March 2026 may signal a shift in the law relating to platform liability. It is quite possible that we have moved on from the position of "platforms are mere conduits" to "platforms are products, and their makers can be sued." For technology companies operating in India, the next, critical question is whether the Indian legal framework supports similar claims, and if yes, how will these present themselves.
Two US Verdicts That Sidestep Section 230
Typically, Section 230 of the U.S. Communications Decency Act, 1996, shields online intermediaries from liability for third-party content. This provision has (so far) been very effective in shielding digital business majors from liability for the content posted on their platforms. Equivalents of this ‘intermediary safe harbour’ protection can be found in laws all over the world, including in Section 79 of India’s own Information Technology
