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Complying with India’s New Safe Harbour Rules

Updated: Jul 7, 2021

- Vikram Jeet Singh and Kalindhi Bhatia

Businesses across the world are examining the impact of India’s new intermediary safe harbour rules. After the New Rules were issued last week (text available here), the Indian Government also released a follow up notification clarifying that ‘significant social media’ entities in the New Rules refers to social media entities having at least five million registered users in India (see notification here).

The most stringent compliances in the New Rules are aimed at social media companies and digital media platforms. But if your business, at any level, involves platforming, hosting or publishing third party content in India, you should examine your compliance under these New Rules. If these rules apply to you and you do not comply, you may risk being held directly liable for any third-party content that you host.

To get you started on the road to compliance, BTG have prepared a “Heat Map” on these new regulations. This Heat Map sets out the major changes notified under these laws, who is liable to comply, and categorizes the possible business impact of these new requirements. This map should help you formulate and prioritize your response to this regulatory change, and plan next steps.

We hope you find this useful. If you wish to know more, or need additional checklists and resources on the New Rules, please do contact us at


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