Why in news
The Union Ministry of Information and Broadcasting is reconsidering the concept of safe harbour for social media platforms in order to address the issue of fake news online.
What is Safe Harbour?
Safe harbour is a legal protection that shields websites from liability for illegal content posted by users.
It encourages innovation online by ensuring that website owners are not held responsible for content they didn’t publish.
In India, this protection is provided under Section 79 of the Information Technology Act, 2000, similar to Section 230 of the U.S. Communications Act.
How are Intermediary Liability Protections Regulated in India?
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 impose conditions like having a grievance officer and submitting periodic reports.
If an intermediary receives "actual knowledge" of illegal content, it must act to remove it within a specified time.
A 2023 amendment stripped safe harbour protection for content labeled as "fake news" by the Press Information Bureau, which was challenged in court.
Why is the Government Considering Amending the Safe Harbour Clause?
The government accuses foreign social media platforms of ignoring Indian laws and delaying content removal.
The amendment is seen as a way to push platforms to act more proactively against misinformation, deepfakes, and cyberfraud.
The Ministry of Electronics and Information Technology is considering changes through a new Digital India Act (DIA), though details on amendments to safe harbour are still unclear.
COMMENTS