The Indian Music Industry’s response to MeitY’s Draft “The Information Technology [Intermediaries Guidelines (Amendment) Rules] 2018” outlines its concerns about the definitions of an intermediary, safe harbour and the content takedown notifications. These are all the important points the association raised in its submission. The notes are paraphrased unless explicitly quoted. General: The association asks MeitY to “set out clear rules” on primary and/or secondary liability for intermediaries that “engage or whose services are used in copyright infringing activities.” Definition of intermediaries The IT Act, 2000 defines “intermediaries” broadly, and the 2018 Rules should take care that “liability privileges and/or other benefits and obligations of the regime are not applied to types of service for which they are not intended.” IL limitations “only make sense if the underlying liability for the relevant wrongful or tortious act is clearly established.” On…
