Classifying intermediaries in the upcoming DIA

The enactment of the Digital Personal Data Protection Act of 2023 reflects a concerted effort to establish an Open, Safe, Trusted, and Accountable internet ecosystem. With the data protection regime nearly finalised all eyes are on the Digital India Bill to achieve the objectives of Open, Safe, Trusted and Accountable online space. As the Government works towards this transition from the Information Technology Act, 2000 to the Digital India Bill, a core concept requiring focus is the changing role of the intermediaries. The Model Defamation Amendment Provisions 2022 of the Government of New South Wales defines "digital intermediary" and classifies within its definition services such as social media platforms, electronic messaging services, etc. Towards supporting these objectives of the government, Chase India’s recent report “Proposed Classification of Intermediaries Under the Upcoming Digital India Bill” proposed an intermediary classification mechanism in the report.