The rise of technology has brought both empowerment and challenges for marginalized communities. Harassment and harmful content, such as Child Sexual Abuse Material (CSAM) and non-consensual adult material, have emerged as significant concerns. Solutions to combat this problem are under discussion, with questions about the role and liability of intermediaries like network providers, online marketplaces, search engines, and payment platforms. However, it’s essential to balance these discussions with the fundamental rights of privacy and free speech in democratic societies.
This report examines the US experience with platform regulation, from the inception of the safe harbor regime to recent legislative changes aimed at addressing online safety by limiting protection for internet intermediaries. It explores the socio-economic consequences of these changes and extracts lessons for India. The report emphasizes that overregulation, as seen in India’s Draft IL Guidelines, may not be the solution. Instead, it calls for evidence-based research, effective policy implementation, addressing enforcement gaps, and timely responses to complaints without excessive regulation. It stresses the importance of safeguarding both online safety and privacy to create a truly secure internet ecosystem.
Authors: Shruti Shreya and Pranav Bhaskar Tiwari
Editor: Kazim Rizvi
