On July 29, 2026, Union Minister of State for Electronics & Information Technology Jitin Prasada addressed a parliamentary question on whether generative AI systems, including chatbot-based services, qualify as intermediaries under Section 2(1)(w) of the Information Technology (IT) Act and thus receive safe harbor protections under Section 79. Prasada stated that safe harbor eligibility depends on the nature of the service and functions performed by the AI system, as per the IT Act and Rules, which are technology-neutral and apply regardless of underlying technology, including AI, according to medianama.com.
The question was raised by Congress MP Manish Tiwari, prompting Prasada's detailed response that the IT Act's provisions apply to computer resources and intermediaries irrespective of the technology used. The definition of an intermediary under the IT Act includes any person who on behalf of another receives, stores, or transmits electronic records or provides services related to those records. This clarification indicates that AI platforms may receive safe harbor protections if they meet the intermediary criteria outlined in the legislation, as reported by medianama.com.
This clarification is significant amid growing regulatory scrutiny of AI platforms globally. The safe harbor provisions under Section 79 of the IT Act protect intermediaries from liability for third-party content, provided they comply with due diligence requirements. By emphasizing the technology-neutral stance of the IT Act, the government aligns AI regulation with existing digital laws, ensuring that AI platforms are subject to the same legal framework as other intermediaries like telecom providers and network service operators, per medianama.com.
Jitin Prasada’s response was officially recorded in the parliamentary proceedings on July 29, 2026, providing legal clarity for AI developers and service providers in India. The full text of his statement is accessible on medianama.com, offering a reference point for stakeholders navigating AI regulation under the IT Act.