India: Social Media

Artificial Intelligence (AI) systems are fundamentally dependent on data, and a significant portion of the information used to develop and deploy such systems may relate to identifiable individuals. This creates an important intersection between AI technologies and India’s evolving data protection framework.

Safe harbour in the context of India’s IT landscape refers to legal immunities granted to online intermediaries, that is, platforms and services that merely transmit, store, or facilitate access to third-party content, shielding them from liability under certain conditions. Rooted in Section 79 of the Information Technology Act, 2000 (IT Act), safe harbour has shaped the digital ecosystem in India by enabling platforms ranging from social media to e-commerce marketplaces to thrive without being held accountable for every piece of content their users generate.

India is witnessing a growing debate on whether children should have unrestricted access to social media. Concerns relating to mental health, cyberbullying, addictive online behaviour and harmful content have prompted discussions on introducing age-based restrictions for minors.

The Act, the Rules and the OGAI are therefore simultaneously operational. The prohibition provisions under Chapter III of the Act, the criminal penalties under Chapter V of the Act and the institutional framework under the Rules are all in effect. There is effectively no formal compliance window for core prohibitions and penalties; stakeholders should treat the regime as immediately operational and adjust business models without delay.

India’s digital regulatory framework is once again at a turning point. The Central Government has proposed amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IT Rules”), signalling a significant expansion of State oversight over online content.

This paper will analyze how the law of trademarks can safeguard the influencers in the creator economy, the latest trends in India, and the legal issues related to the possibility of securing online identities in the fast-growing online market.

The Ministry of Electronics and Information Technology ("MeitY") has notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2026 ("IT Amendment Rules 2026") on 10 February 2026, effective from 20 February 2026.

Few sectors process personal data as continuously, invisibly and unavoidably as telecom operators and OTT platforms making them among the most susceptible to data privacy risks.

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2026 ("2026 Amendment Rules") mark a significant regulatory shift in India's digital governance framework.