Centre Plans Revision of Safe Harbour Clause

Centre Plans Revision of Safe Harbour Clause

Why in the News ?

The Centre is considering revising the safe harbour provision under Section 79 of the IT Act, aiming to make intermediary platforms more accountable for fake news. This move follows recent YouTube takedowns and is part of wider regulatory efforts.

Centre Plans Revision of Safe Harbour Clause

About Government’s Concern Over Fake News :

  • The Ministry of Information and Broadcasting (I&B) plans to revise guidelines for intermediaries to combat fake news.
  • This comes after the Pahalgam terror attack, where several YouTube channels (including Indian ones) were blocked for misinformation.
  • The Parliamentary Standing Committee on Communication & IT, headed by Nishikant Dubey, is reviewing the issue.
  • Platforms may soon be required to proactively remove fake content on their own.

Safe Harbour Clause Under Scrutiny

  • Section 79 of the IT Act, 2000 offers a safe harbour to intermediary platforms, shielding them from liability for user-generated content, provided they follow government rules.
  • The government argues that platforms must be made more accountable while still respecting freedom of speech.
  • Minister Ashwini Vaishnaw, on National Press Day (Nov 2024), emphasized the need to revisit these protections.
  • The current approach leans toward self-regulation, avoiding a new law for now.

Legal and Regulatory Developments

  • The Centre is pushing to give statutory backing to the PIB’s Fact Check Unit, as part of IT Rules 2021 amendments.
  • A Bombay High Court judgment struck down this unit’s authority to strip safe harbour protections.
  • The Ministry of Electronics and IT plans to challenge this verdict by filing a Special Leave Petition (SLP) in the Supreme Court.

Understanding Safe Harbour Clause:

●Legal protection for online platforms (intermediaries).
●Shields them from liability for content users post.
●Applicable as long as platforms follow government rules.
●Ensures platforms are not penalized for third-party actions.
● Promotes free expression while requiring responsible content moderation.

About Section 79 of the Information Technology Act, 2000:

●Grants “safe harbour” to intermediaries.
●States they are not liable for third-party information.
●Applies only if due diligence is followed.
●Does not protect intermediaries involved in unlawful acts.
● Core legal shield for platforms like YouTube, Facebook, etc.

Intermediary Guidelines:

●Rules set by the government for digital platforms.
●Mandate due diligence like grievance redressal, traceability, etc.
●Updated under IT Rules 2021 for stricter accountability.
●Cover social media, OTTs, and digital news sites.
● Aim to balance free speech and digital safety.

Information Technology (IT) Rules, 2021:

●Strengthened regulations for digital intermediaries.
●Introduced 72-hour takedown timeline, grievance officer requirement.
●OTT and news platforms brought under regulation.
● Empowered government to flag fake news or misinformation.
●Introduced Fact Check Unit (FCU) under PIB.

Fact Check Unit (FCU) – PIB:

● A government-run fact-check wing under PIB.
●Verifies content related to government schemes and information.
● Its classification can remove content’s “safe harbour” protection.
●Controversial for its impact on press freedom.
●Recently challenged in Bombay High Court.

User-Generated Content:

●Any online content created by users (not platforms).
●Includes posts, videos, blogs, and comments.
● Core feature of social media and online forums.
● Raises issues of misinformation and hate speech.
●Regulated under IT Act to balance expression and safety.

Freedom of Speech and Expression – Article 19(1)(a):

● Fundamental Right under Indian Constitution.
●Guarantees freedom to express opinions and ideas.
●Subject to reasonable restrictions (security, public order, etc.).
● Crucial for media, digital content, and democracy.
● Any regulation on content must respect this right.