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ARTICLE · 07 APRIL 2021

The Limited Liability Of Intermediaries For Third Party Content

King, Stubb & Kasiva
King, Stubb & Kasiva
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King, Stubb & Kasiva

King, Stubb & Kasiva

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The laws governing intermediaries in India have been changing constantly to adapt to the dynamic nature of the internet.

IndiaMedia, Telecoms, IT, Entertainment

The laws governing intermediaries1 in India have been changing constantly to adapt to the dynamic nature of the internet. With an unimaginable amount of data being shared between users in a matter of seconds, it is highly impossible for intermediaries to effectively regulate it that is being exchanged over their platforms. However, the law as it stands today is much more relaxed and has taken several amendments to the Information Technology Act ("IT Act") and rules thereunder, as well as judicial rulings to bring about relaxations in the liability of intermediaries.  

Earlier challenges faced by intermediaries

When the IT Act came into force in 2000, it only recognised network service providers as intermediaries and thereby placed on every other internet platform the burden of regulating content stored or shared by third parties via their platform. The liability of internet platforms was connected with every bit of content that was stored or uploaded on their

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