17/05/2026
This article examines the application of intermediary liability to artificial intelligence under India’s 2026 IT Rules (as part of the latest Amendment Rules). It analyses Section 2(1)(w) of the IT Act as a function-specific definition anchored to activities performed in relation to pre-existing electronic records. While certain AI services may align with this framework, generative systems such as chatbots present interpretive challenges. By extending the intermediary framework to AI-enabled activities, the Amendment Rules raise questions regarding the scope of safe harbour protections. The article adopts a functional approach to distinguish between different modes of AI integration within existing legal structures.
Permalink: https://lawschoolpolicyreview.com/2026/05/13/artificial-intelligence-under-indias-it-rules-intermediary-liability-and-the-limits-of-safe-harbour/
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