Safe Harbour Protections and their Misuse by Digital Platforms to Evade Liability

ABSTRACT
The growth of online platforms has led to various problems related to the free flow of information and legal limits. To create a balance between the two, safe harbour provisions were designed, this functions as a cornerstone of modern internet regulation. The objective of safe harbour protection was to protect intermediaries from liability based on third party content, but significant challenges regarding the application of these laws, especially relating to their possible misuse in order to escape accountability are exposed.
Through this paper, the legal framework of safe harbour protections in India is critically examined and compared to global developments. The statutory provisions under the Information Technology Act, 2000, guidelines such as the Intermediary Rules, 2021 and judicial interpretations are analysed. This research recognizes the way through which platforms try to exploit the law in order to avoid accountability.
Through comparative and doctrinal analysis, the tension that exists between free speech and accountability, gaps in enforcement and lack of due diligence are highlighted. Based on this research, it has been concluded that safe harbour protections are essential, but regulatory objectives are undermined as a result of their misuse. This paper recommends strong enforcement mechanisms along with clearer standards and balanced methods to ensure innovation and accountability together.