Computational Gatekeepers and Covert Targeting: Rethinking Safe Harbour, Data Protection and Competition Regulation in Indian E-Commerce
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Date
2026
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NLUJAA
Abstract
This research examines as to how these algorithmic decision-making systems function in e-commerce platforms and how these platforms had coded algorithms that have evolved beyond mere passive intermediaries to become active curators and market manipulators, challenging the foundational assumptions of safe harbour immunity. This research also studies the gaps in the Indian legislative and regulatory frameworks and shall identify the gaps from which such algorithmic processes escape meaningful evaluation despite their significant impact on market competition and consumer welfare. This research also proposes that a liability model should be put forth to monitor and distinguish between passive content hosting with that to active algorithmic curation and that the upcoming legislative amendments or regulations should incorporate algorithmic transparency mandates which will require the e-commerce operators to disclose ranking criteria, bias mitigation measures and automated or sponsored decision making criteria for systems that materially affect the market access or consumer choice by boosting ads that surely alter the final decision making process of the consumer. In recent years, the Competition Commission of India has flagged the algorithmic misuse, and to prevent that, governance in terms of algorithmic fairness is needed. This research draws attention to the much needed transparency of e-commerce platforms and suggests the incorporation of regulatory bodies that will serve as an effective regulatory tool to prevent anti-competitive practices.
Description
Dissertation submitted to the National Law University and Judicial Academy, Assam in partial fulfilment for award of the degree of MASTER OF LAWS/ ONE – YEAR LL.M. DEGREE PROGRAMME Submitted by Aditya Das UID No. – SM0225001 1st Year, 2nd Semester Supervised by Mr. Ankur Madhia Assistant Professor of Law