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#NAMApolicy on Safe Harbor: The Dunzo debate; Proactive takedowns; Gradation of harms

How does Safe Harbor work for intermediaries like Dunzo? Our article on Dunzo versus the Excise department, which was a part of our reading list for Safe Harbor, let to some considerable debate about whether Dunzo should be treated as an intermediary. The app allows users to create tasks for activities, such as buying fish, and independent contractors execute the task. Does Dunzo hold no liability, as an intermediary who is connecting a vendor with a customer for what is perhaps not legal, such as alcohol delivery? This was a key part of the debate on MediaNama's discussion in Bangalore on Safe Harbor. "I would have to take a step back over here, play the devil’s advocate, and say the intermediary’s only responsibility over there would be to provide the task information. There would be no responsibility to say that because this content was published on your platform, we’re going to hold you liable today." In response to a comment that the IT Act only deals with information, and if you're delivering an illegal good, IT Act shouldn’t protect you," the response was that Dunzo isn't delivering anything themselves. As Dunzo, "I’m just the platform connecting you to an independent contractor who who will deliver these goods to you. Given that you had raised the task for illegal goods on my platform, should I be held liable?" A part of the problem in case of the Dunzo situation, is that the law does not consider delivery to an individual: it…

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Founder @ MediaNama. TED Fellow. Asia21 Fellow @ Asia Society. Co-founder SaveTheInternet.in and Internet Freedom Foundation. Advisory board @ CyberBRICS

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