The Liabilities of Internet Intermediaries for Cybercrimes

Abstract

The present paper deal with the evolution of the concept of intermediaries in India. The paper also discussed in detail the relevance of regulating intermediaries and the intermediary liability. The paper addressed the aspect of intermediary liability since the Avnish Bajaj case and the development in the form of the Information Technology (Amendment) Act, 2008, to amend Section 79 of the Information Technology Act, 2000. The paper also discussed the due diligence required under the Information Technology (Intermediaries Guidelines) Rules, 2011, which are replaced by the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The paper also elaborates on the changes in intermediary liability after Shreya Singhal’s judgment, the safe harbour principle, and the Manila Principles. The paper concludes with suggestions for amendments to India’s regulatory framework of intermediary liability.