Overview:
In the context of the evolving Digital India Act, this white paper critically examines the scope of safe harbour immunity for online intermediaries. As global regulatory shifts respond to the proliferation of online harms, this paper argues that increasing due diligence requirements may jeopardize user freedoms and stifle digital innovation.
By analyzing regulatory approaches from the EU, USA, UK, and Australia, we highlight the adverse implications of these trends on digital rights and economic growth. Our findings emphasize the need for a nuanced, evidence-based policy framework that respects constitutional rights while effectively addressing online content regulation.
Key Recommendations:
- Align safe harbour definitions with landmark judicial rulings to protect intermediaries.
- Establish a clear legal framework for addressing illegal content while upholding due process.
- Implement Good Samaritan principles to encourage proactive measures by intermediaries without fear of punitive action.
- Focus on regulating platform operations to enhance transparency and protect user rights.
- Promote collaborative efforts among stakeholders to combat online harms effectively.
Authored by Shruti Shreya (Former Senior Programme Manager, Platform Regulations and Gender and Tech) and Garima Saxena (Senior Research Associate), this white paper serves as a vital resource for policymakers, stakeholders, and anyone interested in shaping a safer and more equitable digital landscape in India. We encourage readers to delve deeper into the analysis and recommendations presented.
To read the full white paper and explore our comprehensive insights and recommendations, please download the publication.
