Indian Minister Links AI Safe Harbor Status to Platform Functions
India's Minister of State for Electronics & Information Technology, Jitin Prasada, stated that the eligibility of AI platforms, including generative AI, for 'safe harbor' protections under the IT Act depends on their specific services and functions, responding to a parliamentary query.
A question was raised in the Indian Parliament regarding whether generative AI systems, such as chatbots, qualify as 'intermediaries' under the country's Information Technology (IT) Act and are thus eligible for 'safe harbor' protections.
Responding on July 29, 2026, Union Minister of State for Electronics & Information Technology (MeitY), Jitin Prasada, informed Parliament that the applicability of safe harbor protections for AI systems "depends upon the nature of the service provided, the functions performed by such system or service" and the provisions of the IT Act and rules. Prasada reiterated that the IT Act is "technology-neutral" and its provisions apply to computer resources and intermediaries irrespective of the underlying technology, including AI.
Analysis from Medianama highlights a potential distinction between traditional intermediaries and generative AI. While intermediaries typically handle or transmit data belonging to others, generative AI platforms also create original content in response to user prompts. This functional difference raises questions about whether generative AI should receive the same legal protections, especially since safe harbor under Section 79 of the IT Act also requires intermediaries to meet specific conditions, such as not initiating the transmission or modifying the content.
Given that generative AI, by design, actively selects, modifies, and generates information, it may not meet the criteria for safe harbor outlined in Section 79(2)(b) of the IT Act. Minister Prasada's response, emphasizing the "nature and function" of AI platforms, does not provide a clear framework. This definitional ambiguity is seen as needing further clarification, potentially through dedicated AI legislation that MeitY is reportedly preparing.