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ARTICLE · 14 AUGUST 2020

Marketplace E-Commerce – Impact On Platform Immunity Under The New Consumer Protection Regime

With the unimaginable growth of the internet over the past two decades, the age-old question of whether intermediaries can hide behind the facade of a laissez-faire approach or if they must be vicariously held accountable ...

IndiaConsumer Protection

1. INTRODUCTION

With the unimaginable growth of the internet over the past two decades, the age-old question of whether intermediaries can hide behind the facade of a laissez-faire approach or if they must be vicariously held accountable for being enablers that provide a managed platform for the free exchange of information and ideas, still eludes, especially in India.

Legislative protections and immunities granted to intermediaries over the years, whether unfettered or with limitations, have significantly contributed to the continued growth and development of digital platforms for communication, trade and commerce, globally as well as in India.

In the United States of America, Section 230 of the Communications Decency Act of 1996 provides immunity to online platforms from civil liability based on third-party content and for the removal of infringing content in certain circumstances. The European Commission also recognized the need to foster the development of

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