Associate Professor, Department of Law, Invertis University, Bareilly
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Social Media Intermediary Liability in India: Balancing Freedom of Expression, Online Safety and Platform Accountability
International Journal of Arts, Humanities, Social Sciences and Commerce International Open Access, Peer-reviewed, Refereed Journal
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10.65919/ijahssc.2026.v2i1007
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Abstract
Social media intermediaries have become central to contemporary communication, public debate, and the dissemination of information in India, creating complex questions concerning freedom of expression, online safety, and platform accountability. This paper examines the legal and constitutional framework governing intermediary liability in India, with particular emphasis on the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. It analyses the scope of safe-harbour protection under Section 79, due diligence obligations, content moderation, grievance redressal mechanisms, and governmental powers relating to blocking and regulation of online content. The study further evaluates the constitutional relationship between freedom of speech under Article 19(1)(a), reasonable restrictions under Article 19(2), and privacy and personal liberty under Article 21. Important judicial decisions, including Shreya Singhal v. Union of India, Anuradha Bhasin v. Union of India, and K.S. Puttaswamy v. Union of India, are considered to understand evolving judicial approaches. The paper also discusses challenges involving misinformation, hate speech, algorithmic accountability, transparency, and global platform governance. It concludes that India requires a balanced regulatory framework that protects legitimate expression while ensuring effective accountability, procedural fairness, user safety, transparency, and meaningful institutional oversight.
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Received
10 November 2025
Accepted
20 December 2025
Published
06 January 2026
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© 2026 The Author(s). The author(s) retain copyright and grant the journal the right of first publication. This work is licensed under the Creative Commons Attribution 4.0 International License .
How to Cite
Sharma, V. N. (2026). Social Media Intermediary Liability in India: Balancing Freedom of Expression, Online Safety and Platform Accountability. International Journal of Arts, Humanities, Social Sciences and Commerce, 2(1), 46-56. https://doi.org/10.65919/ijahssc.2026.v2i1007
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No external funding information has been declared unless stated in the published PDF.
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The authors declare no conflict of interest unless otherwise stated in the article.
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References
Showing first 3 references. Click “Show All References” to view complete list.
- 1. Benge, H. (2019). Who’s liable? The Intersection of Free Speech and Content Regulation
- on Social Media Platforms.
- 2. Bayer, J. (2019). Between Anarchy and Censorship: Public discourse and the duties of
- social media. CEPS Paper in Liberty and Security in Europe No. 2019-03, May 2019.
- 3. Sylvain, O. (2018). Intermediary Design Duties.
- 4. Li, T. (2018). Beyond Intermediary Liability: The Future of Information Platforms
- Workshop Report.
- 5. Gorwa, R. & Garton Ash, T. (2019). Democratic Transparency in the Platform Society.
- osf.io
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