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