India Reconsiders Safe Harbour for Social Media Amid Misinformation Concerns

Current Affairs National

Posted by newadmin on 2025-05-12 08:36:56 |

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The Government of India is re-evaluating the safe harbour protections granted to social media platforms under Section 79 of the Information Technology Act, 2000. This legal provision shields online intermediaries from liability for user-generated content, encouraging innovation while safeguarding platform owners from undue legal pressure. However, growing concerns over fake news, cyber fraud, and AI-generated misinformation have prompted the government to reconsider this protection.

Safe harbour, similar to Section 230 of the U.S. Communications Act, ensures that platforms are not held accountable unless they have actual knowledge of illegal content, typically through a court order or government notification. India’s 2021 Intermediary Rules introduced stricter obligations, requiring platforms to appoint compliance officers and act swiftly upon receiving takedown requests.

In 2023, the government attempted to expand its powers through amendments allowing the Press Information Bureau to label content as fake news, thereby revoking safe harbour. The Bombay High Court struck down this move, citing overreach.

Officials argue that foreign platforms often neglect Indian laws and are slow to respond to content removal requests. The proposed Digital India Act may redefine intermediary liability, placing greater onus on platforms to tackle harmful content.

This debate reflects a global struggle to balance free expression, platform innovation, and the fight against digital misinformation. The future of safe harbour in India remains uncertain but crucial for the country’s digital governance.

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