Report Launch: The Future of Intermediary Liability in India

SFLC.IN is releasing a report on Intermediary Liability titled “Future of Intermediary Liability in India” on January 17, 2020 at the India Islamic Cultural Center. The event will be inaugurated by Mr. Rajeev Gowda Hon'ble Member of Rajya Sabha, Parliament of India and followed by a panel discussion on "Controlling Intermediaries- Shrinking Safe Harbour, Dwindling Freedom"

A Brief Background

On December 24, 2018, the Ministry of Electronics and Information Technology issued the Draft Intermediary Guidelines (Amendments) Rules, 2018 (New Rules), to amend the Intermediary Liability Rules, 2011. The New Rules set out additional requirements such as use of automated filters, and traceability of messages, in order to avail the safe harbor protection for user-generated content under the Information Technology Act, 2000. While the changing landscape of the Internet warrants additional responsibility from intermediaries, the New Rules have raised several concerns pertaining to the flow of information and freedom of speech and expression of citizens in the online space.

SFLC.in been closely working on the developments in the Intermediary Liability space in India since 2010. In 2014, SFLC.IN published a report titled Information Technology (Intermediaries Guidelines) Rules,2011, which was launched in an event attended by Mr. Baijayant Panda (Former BJD MP), Mr. Jagdambika Pal (MP), Dr. Govind (Erstwhile, National Internet Exchange of India), Mr. Jayant Choudhary (General Secretary, Rashtriya Lok Dal), Dr. Arvind Gupta (Former Convener, IT Cell, BJP) and Mr. Faisal Farooqui (CEO, MouthShut.com). A follow up report titled “Intermediary Liability in India: A Shifting Paradigm” was published in March, 2019 by Mr. Gopalakrishnan (Joint Secretary, MeitY) and other industry representatives.

As the New Rules are expected to be notified in January 2020, SFLC.IN is publishing a third report discussing their impact on the intermediaries functioning in India on 17th of January, 2020 at the India Islamic Cultural Center (Conference Hall No. 1) between 5:00 pm to 7:30 pm

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