AI-Powered Content Moderation and Criminal Liability: Constitutional Safeguards vs. Platform Accountability for Objectionable Content on OTT

Abstract

The rise of AI-powered content moderation on Over-The-Top (OTT) platforms presents a novel and urgent constitutional dilemma at the intersection of criminal law and corporate accountability. This paper critically examines the tension between the fundamental right to freedom of speech and expression under Article 19(1)(a) of the Indian Constitution and the state’s legitimate interest in preventing the dissemination of illegal content such as hate speech, obscenity, and incitement to violence through these pervasive digital mediums. Central to this conflict is the evolving standard of criminal liability for intermediaries under Section 79 of the Information Technology Act, 2000, and the IT Rules, 2021.