India’s Internet Intermediary Liability and Content Regulation
The Government of India’s recent stance on regulating online content and intermediary liability has sparked debate in 2025. The Centre has defended lowering safe harbour protections for internet intermediaries and social media platforms. This move involves removing content flagged by authorities through the Sahyog Portal. The Karnataka High Court is currently hearing a plea by the social media platform X challenging this approach under Section 79 of the Information Technology Act.
Algorithmic Curation vs Traditional Media
The government argues that algorithmic curation systems differ fundamentally from editorial decisions in traditional media. Unlike editors or producers who apply conscious judgment, algorithms operate automatically at massive scale and speed. These systems amplify certain content beyond normal user sharing. This amplification lacks transparent standards and has no direct equivalent in print or broadcast media. The government views this as a reason to regulate online platforms more strictly.
Safe Harbour Protections and Legal Provisions
Section 79 of the Information Technology Act provides conditional immunity to intermediaries for user-generated content. This protection is removed if intermediaries fail to act on government-issued takedown notices. The Sahyog Portal, managed by the Indian Cyber Crime Coordination Centre (I4C), facilitates such notices. However, Section 69A of the IT Act specifically authorises blocking orders for content threatening sovereignty, security, or public order. The government argues that Section 79 must cover a wider range of unlawful content beyond Section 69A’s scope.
Concerns Over Anonymity and Accountability
Online platforms allow anonymity or pseudonymity. This shields users from accountability and can encourage extreme speech. Unlike licensed newspapers or broadcasters, online speakers often remain unknown. The government claims this anonymity combined with algorithmic curation increases the spread of harmful or false content, necessitating stricter regulation.
Platform Responses and Integration with Sahyog Portal
As of March 2025, 38 IT intermediaries, including Google, Microsoft, Amazon, Telegram, Apple, and LinkedIn, have integrated with the Sahyog Portal. Meta Inc, owner of Facebook, Instagram, and WhatsApp, has also allowed API-based integration. However, the platform X has refused to onboard, contesting the government’s authority under Section 79 to issue takedown notices. X argues that only Section 69A empowers the government to block content.
Balancing Freedom of Expression and Public Interest
The government stresses that freedom of expression must be balanced with protecting society and the state. Content causing public disorder, mischief, or national security threats must be controlled. The government maintains that content regulation should consider the interests of information recipients and broader societal safety. This rationale underpins the expanded use of Section 79 for content takedown.
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