India: Social Media

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.

In March 2026, in California, a Los Angeles jury in the case of K.G.M. v. Meta Platforms, Inc., found Meta and Google liable for a young woman’s depression and suicidal thoughts after she claimed that she became addictive to social media platforms at 9-years. The jury found Meta Platforms and Google liable for the depression, anxiety, body image disorders, and suicidal ideation suffered by a young woman who had become addicted to Instagram and YouTube from the age of nine. The jury awarded USD 3 million in damages, Meta bearing 70% of responsibility, Google the remaining 30%.[1]

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.

In today’s digital age, having a unique domain name, website, and social media presence is crucial for a brand’s growth and goodwill in the market. The Hon’ble Delhi High Court, in its recent ruling, protected the rights of New Delhi Television Limited (NDTV), one of India’s major media networks, by granting an ex parte ad-interim injunction, restraining the Defendants from infringing its trademark “NDTV” and from using any deceptively similar domain name, website, social media platform, or any other form exploiting the reputation of a well-known registered mark.

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.

On February 10, 2026, the Ministry of Electronics and Information Technology ("MeitY") notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code)...