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News– Elon Musk-owned X (formerly Twitter) has challenged the government’s use of Section 79(3)(b) of the Information Technology Act, 2000 (IT Act) to moderate and order the removal of content on social media. Information Technology (IT) Act, 2000.
About Information Technology (IT) Act, 2000
- It is India’s primary legislation governing cyber activities, electronic transactions, and digital governance.
- It establishes a legal framework for cybersecurity, digital signatures, data protection, and penalties for cyber offenses.
- Key Features:
- It grants legal recognition to electronic records and digital signatures.
- It defines intermediary liabilities and protections.
- It empowers the Central Government and CERT-In to regulate cybersecurity.
- It was amended in 2008 and 2015 to address emerging cyber threats.
Important Provisions in News:
Section 69A:
- It allows the government to block online content in the interest of sovereignty, national security, public order, or to prevent incitement.
- It requires written orders and follows procedural safeguards.
- It was upheld by the Supreme Court in Shreya Singhal vs Union of India (2015).
Section 79:
- It provides conditional immunity to intermediaries for third-party content.
- As per Section 79(3)(b), intermediaries must remove unlawful content upon government notification to retain immunity.
- It does not authorize direct blocking but notifies intermediaries of potential liability.
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