“Participative regulatory models will not only help us address emerging challenges in India’s digital economy, but will also allow us to position ourselves as a technology-friendly jurisdiction. In our view, consultative regulatory frameworks comprise clear, transparent and effective dialogue at every stage between the government and all stakeholders. There should an appetite for innovative structures such as regulatory sandboxes and a willingness to enhance regulatory capacity and measure performance,” noted the report, which was prepared by technology-focused law firm Ikigai Law. There has been a huge focus on companies and apps that qualify as intermediaries, with the Ministry of Electronics and IT last year proposing changes to Section 79 of the Information Technology Act, 2000, which seeks to regulate such firms.
The report notes that the safe harbour provision for intermediaries, which provides some protection to intermediaries from content hosted by third parties on their platforms, must be preserved.