From Neutral Conduits To Content Architects: Redrawing The Lines Of Intermediary Liability

I. Introduction:

The rapid evolution of artificial intelligence ("AI") has profoundly altered the digital landscape, fading the long-standing legal distinctions between content originators, AI developers, and online intermediaries. Statutory safe harbour protections, i.e., legal immunity that shields intermediaries from liability for third-party content that they merely receive, store, transmit, or facilitate on behalf of another person ("Safe Harbour") were crafted for passive hosting, transmission functions and did not contemplate platforms deploying proprietary AI systems capable of autonomous content generation, contextual manipulation, and behavioural influence. The challenge is compounded by the dual-edged nature of AI technologies: while driving efficiency and personalization, they are equally susceptible to misuse for deepfakes, automated fraud, misinformation campaigns, and cyber enabled harms at an unprecedented scale. This convergence marks a decisive