India's proposed Digital India Act (DIA) — intended to replace the Information Technology Act, 2000 — was under consultation in 2023 and 2024. The IT Act, enacted before social media existed as we now know it, has been stretched to cover platforms, intermediaries, and online harms that its drafters could not have anticipated. The DIA proposes a framework built around a classification of digital platforms by risk, with higher-risk platforms subject to more stringent obligations including algorithmic transparency, content moderation standards, and grievance redressal timelines.
A contested aspect of the proposals is the treatment of Section 79 immunity — the safe harbour provision that protects intermediaries from liability for third-party content hosted on their platforms, subject to compliance with due diligence obligations. Technology companies have argued that any narrowing of safe harbour would create incentives for platforms to over-censor content to avoid liability exposure. Civil liberties groups have argued that the existing safe harbour is too broad and allows platforms to profit from harmful content with inadequate accountability.