Safe Harbour and Social Media Liability in India

News: The Union Ministry of Information and Broadcasting made submissions to the Parliamentary Standing Committee on Communication and IT. It stated that it is reconsidering the concept of safe harbour for social media platforms to tackle the spread of fake news online. Safe Harbour and Social Media Liability in India.

About Safe Harbour

• Safe harbour is a legal protection granted to websites that host third-party content, shielding them from liability for unlawful user posts.
• In India, this protection is provided under Section 79 of the Information Technology Act, 2000.
• It ensures that intermediaries are not punished for content they did not create, encouraging online innovation.
• This protection is withdrawn if platforms do not act after receiving official notice of illegal content.

How Intermediary Liability is Regulated in India

1. The IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 impose additional obligations.

• Platforms must appoint a nodal and grievance officer.
• They must be India-based and submit regular compliance reports.

2. In 2023, amendments were notified allowing the Press Information Bureau’s fact-check unit to identify “fake news.”

• This provision was challenged in court.
• The Bombay High Court ruled in favour of the petitioners, and the government is appealing the decision.

Reasons for Reconsideration Safe Harbour

• The government accuses social media platforms of: Not following Indian laws, Delaying takedown actions, Ignoring content flagged as harmful.
• Disputes with X (formerly Twitter) illustrate these tensions.
• The government aims to push platforms to act against misinformation, deepfakes, and cyberfrauds.
• A proposed Digital India Act may revise safe harbour norms, though no draft is available yet.