Centre for Communication Governance at NLU delhi
Literature from the Indian context

Chinmayi Arun, Gatekeeper Liability and Article 19(1)(a) of the Constitution of India, 7 NUJS L. REV. 73 (2014)

The author argues that access to and free flow of information need to be seen as significant parts of our freedom of expression jurisprudence. In particular, it highlights the role played by information gatekeepers in the free circulation of information and argues that liability norms must not be such that they allow information gatekeepers to be “used to censor speech in an opaque fashion that leaves little room for accountability”.

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Divij Joshi, Indian Intermediary Liability Regime: Compliance with the Manila Principles on Intermediary Liability (Centre for Internet & Society, 2018)

The author discusses the intermediary liability provisions in Section 79 of the Information Technology Act, 2000 and Section 51 of the Copyright Act, 1957 and suggests various amendments to the provisions to make them more compliant with the Manila Principles. 

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Content Regulation and Human Rights in the Digital Age: Multi-stakeholder Roundtable on India’s Draft Intermediaries Guidelines Amendments (Global Network Initiative, 2020)

This a multi-stakeholder roundtable discussion examined key provisions of the draft amendments to the Intermediary Guidelines 2018 through the lens of international human rights law and principles. 

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Gautam Bhatia, Free Speech Restrictions under the IT Act: PUCL’s Constitutional Challenge to Section 66A and the Intermediary Rules (IndConLawPhil, 26 Nov 2013)

The author criticizes the vaguely worded provisions of the Information Technology Act, 2000 and the Intermediary Guidelines, 2011 framed thereunder.

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Future of Intermediary Liability in India (SFLC, 2020)

This report studies the law and policy implications of upload filters, tools enabling traceability of originator, local registration and office thresholds for foreign companies, and 24-hour take down timelines.

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Pritika Rai Advani, Intermediary Liability in India, 48(50) Economic and Political Weekly 120 (2013). Pritika Rai Advani, Intermediary Liability in India, 48(50) Economic and Political Weekly 120 (2013)

The author examines legislative ambiguities and poorly reasoned judicial decisions that have imposed a chilling effect on free speech in India by imposing overbroad liability on intermediaries.

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Rishabh Dara, Intermediary Liability in India: Chilling Effects on Free Expression on the Internet (Centre for Internet & Society, 2011)

This study argues that the takedown method prescribed by the Intermediary Rules has a chilling effect on online free expression.

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Varun Sen Bahl, Faiza Rahman and Rishab Bailey, Working Paper on internet intermediaries and online harms: Regulatory Responses in India (Data Governance Network, 2020)

The authors suggest that regulatory attempts in the intermediary liability sphere in India have largely lacked nuance in terms of being able to differentiate various kinds of intermediaries. Accordingly, the authors argue for a more calibrated approach to intermediary regulation.

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