Liability of Internet Intermediaries under Indian Legal System
1. Who is an Internet Intermediary?
An internet intermediary is any platform, service, or individual that facilitates online communication or transactions between users but does not create the content themselves.
Examples:
Social media platforms like Facebook, Instagram, Twitter
Messaging apps like WhatsApp or Telegram
E-commerce platforms like Amazon or Flipkart
Internet service providers (ISPs)
Key Idea: Intermediaries only host or transmit content. They do not generate it themselves.
2. General Principle of Liability
Default Rule: Intermediaries are not responsible for the content uploaded or shared by users.
Reasoning: Since they do not create the content, holding them liable for everything users post would be unfair and practically impossible.
Illustration:
If someone uploads a defamatory post on Facebook, Facebook as a platform is not automatically at fault, because it did not create the post.
3. When Intermediaries Can Be Liable
An intermediary becomes liable only in certain situations, such as:
Knowledge of Wrongdoing:
If the intermediary knows that certain content is illegal, offensive, or harmful, and still does not take action, they may be held responsible.
Example: If WhatsApp receives a complaint about a viral message spreading lies and does nothing, it may share responsibility.
Active Participation:
If the intermediary creates, edits, or manipulates content, it cannot claim to be a neutral platform.
Example: If an e-commerce website modifies product reviews to mislead customers, it can be held liable.
Failure to Follow Proper Procedures:
If there is a system in place for complaints, reporting, or content removal, and the intermediary ignores it, liability can arise.
4. Core Principles
Neutrality: Intermediaries are like post offices or telephone lines; they are neutral channels for communication.
Due Diligence: Intermediaries must act responsibly when they receive complaints or orders regarding content.
Limited Responsibility: Liability arises only after knowledge of wrongdoing or active involvement.
5. Case Illustration (Purely Conceptual)
Scenario:
A user uploads a harmful video on a video-sharing platform.
The platform does not create or promote the video.
Someone complains to the platform about the video.
Application:
If the platform removes the video immediately, it is not liable.
If the platform ignores the complaint and the video continues to cause harm, the platform can be held responsible.
Key Point: The platform’s liability depends on its response to knowledge, not on mere hosting.
6. Summary
| Aspect | Principle |
|---|---|
| Who is an intermediary | Neutral platform transmitting or hosting content |
| Default liability | Not liable for user-generated content |
| When liable | 1. Has knowledge of illegal/harmful content 2. Actively participates 3. Fails to follow complaint/removal procedures |
| Responsibility | Only arises after knowledge or active involvement, not automatically |
Essence:
Intermediaries are protected from liability as long as they act as neutral channels and respond responsibly when problems are flagged. They are not publishers but facilitators.
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