This article traces how courts across India have
interpreted some crucial concepts pertaining to Safe Harbour law in
India.
It is Part II in our series of articles which trace
the evolution of Safe Harbour law in India. You can read Part I of
this series
here.
To recap– in the on-line world,
Safe Harbour provisions protect the people and enterprises who
provide the underlying infrastructure (also known as
intermediaries), from liability for the acts of third parties who
use this infrastructure for their own purposes. For e.g. Internet
Service Providers (ISPs) are not liable if their subscribers use
the internet for unlawful acts, Cloud Service Providers (CSPs) are
not liable because people store illegal data on their server,
e-commerce platforms are not liable if people sell spurious goods,
and social media platforms are not liable if people post defamatory
content.
