No Proactive Monitoring: A momentary sigh of relief for Intermediaries in India

摘要

In a recent case involving an e-commerce giant and three retailers, the High Court of Delhi, in a division bench judgment, held that an intermediary, in the absence of a court order, need not proactively take down any illegal content from its platform. Further, application of the safe harbour framework as envisaged under s. 79 of the Information Technology Act would not depend on the active or passive nature of the intermediaries. This comment analyses the judgment and its approach to safe harbour.