Takshashila Issue Paper - Governance of DCNs III: Indian Legal Landscape on Online Harms

Executive Summary

This document makes an exhaustive study of the Indian legal framework on online harms on Digital Communication Networks (DCNs). It defines online harms as a set of actions that can occur on DCNs that can cause legal injuries to users, whether individuals or groups of individuals.

  1. The document identifies various harms that are experienced by users on DCNs, broadly placing them in two categories: harms identified as legal injuries by the law or harms that have “less clear” legal definition within India’s current legal framework.

  2. The categorisation and the following discussion represent how the current framework can be useful with appropriate interpretation. The document concludes by arguing that online harms on DCNs are not completely unregulated, and that proposals to regulate them must be mindful of the existing framework. Regulatory checks and balances should ensure that they do not deprive users and the ecosystem of the benefits brought by DCNs and must strive to strike a balance to protect the best interest of all stakeholders.

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