Context:

The Union Ministry of Information and Broadcasting has informed the Parliamentary Standing Committee on Communication and Information Technology that it is reconsidering the concept of safe harbour for social media platforms. This move aims to combat the spread of "fake news" online.

Rationale behind Reconsideration

·        Combating Fake News: The government aims to tackle the spread of misinformation online by re-examining safe harbour provisions.

·        Regulating Social Media: The move is part of a broader effort to regulate social media platforms and ensure they take responsibility for content hosted on their platforms.

·        Prevent Violation of Laws: The government has accused foreign social media platforms of flouting Indian laws and acting too slowly on takedown notices.

About Safe Harbour

Safe harbour is a legal doctrine that protects online platforms—such as social media networks, forums, and messaging services—from being held liable for the content users post on their sites.

In India, under Section 79 of the Information Technology Act, 2000 grants intermediaries immunity from liability, provided they adhere to certain due diligence requirements.

Intermediary Liability

Intermediary liability refers to the legal responsibility borne by online platforms for the content they facilitate or distribute. Under Indian law, intermediaries lose this protection if they fail to act after being notified of unlawful content. This notification must typically come in the form of a court order or a directive from a government agency.

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, further tightened compliance. Key requirements include:

• Appointment of a Chief Compliance Officer, Nodal Contact Person, and Grievance Officer.
• Mandatory removal of content within a specified timeframe once notified.
• Publication of periodic compliance reports detailing user grievances and actions taken.

Conclusion

India’s re-evaluation of safe harbour provisions comes at a pivotal moment in the evolution of digital governance. As misinformation grows more sophisticated and pervasive, the challenge lies in crafting laws that protect both free expression and public safety. The eventual contours of proposed  Digital India Act—and its treatment of safe harbour—will likely set the tone for India's digital future and influence regulatory trends across the global south.