The Delhi High Court's recent directives concerning intermediary liability underscore the challenges faced by platforms like Meta in reconciling copyright enforcement with protections under the IT Act. This ongoing tension raises key questions for copyright enforcement in India.
India’s Intermediary Liability Framework and Copyright Enforcement
The Delhi High Court has recently addressed critical issues surrounding intermediary liability in India’s copyright enforcement landscape. The dialogue has been intensified following the Court's instructions seeking clarity from Meta regarding its policies on access to its Rights Manager tool, which plays a pivotal role in copyright management.
These developments alongside recent amendments to the Information Technology Rules highlight the regulatory challenges that intermediaries face. The amendments impose stricter obligations while trying to safeguard the interests of platforms under Section 79 of the IT Act.
This legal framework has fostered an environment of uncertainty, which impacts the effectiveness of copyright protections while navigating between rights-holders' interests and platform responsibilities.
For legal practitioners and intermediary platforms, recent shifts in the regulatory landscape necessitate vigilant adaptation to comply with evolving copyright enforcement mechanisms. Engaging with ongoing reforms will be crucial for sustaining operational viability amidst stricter compliance demands.
Citations
- ISP Copyright Problem Case (2026) 11 DHC 12
