When we purchase products our relationship with the vendor doesn't end at the check-out. Thanks to consumer protection laws, vendors have a 'duty of care' (that opaque legal term) to ensure their products are fit for purpose, do what they are meant to do and so forth.
But where does this duty of care extend to? If one was to buy a product and use it for something other than its 'normal' purpose is that the vendors responsibility? What if a customer misuses ceiling paint to cover a scratch on their car? Or, worse, unlawfully paints someone else's property with it?
Sure one action is legal and the other illegal, but in either case could (or should) the vendor be held accountable? Although the vendor's product facilitated both actions, it is fairly clear that duty of care had reasonably ceased.
However, when consumers purchase and later use the internet, ISPs are meant to provide much more than just the connection. They are responsible for filtering content and managing what we see and do. And in India at the moment the High Court is determining whether Google, Facebook and 19 other companies should be held accountable for managing content on their internet media services. Now this is not region specific, and there have been a host of similar discussions in other jurisdictions (UK, USA, Australia), but I have to question whether it is the IPS's role to play gate-keeper in this way.
It's a very different kettle of fish to the simple paint example. And in this case the vendors do have a technical capability to manage how their product is used. However, surely it is unreasonable that they they must also determine what is lawful. Taking a wide berth around the free-speech aspect of this topic, government shouldn't be asking vendors to self-regulate to this extreme. It's simply beyond scope.
If we accept that a government is to proceed down the path of information control then leave the policing to the police - aka a regulatory body - or use a system where the filtering is done via an agreed set of criteria (e.g. blacklist).