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Government Scrutinizes Social Media Platforms: Redefining 'Intermediary' Status

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The Union Government is reviewing the legal status of social media platforms, questioning whether their content moderation practices—or lack thereof—should reclassify them from 'intermediaries' to 'publishers'.

The Union Government has initiated a critical review of social media platforms to determine if they continue to qualify as 'intermediaries' under Indian law. This move stems from growing concerns regarding the platforms' accountability for content moderation, particularly in the face of rising challenges like deepfakes, threats to child safety, and the unchecked promotion of paid content. Under the current Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, intermediaries enjoy 'safe harbour' protection, which shields them from legal liability for content posted by third-party users. However, the government is now examining whether the active curation, algorithmic promotion, and monetization of content by these platforms effectively shift their role from that of a neutral conduit to a 'publisher'. If reclassified, these platforms would lose their safe harbour immunity and become directly liable for the content hosted on their networks, similar to traditional media houses.

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