Safe Harbour Clause in IT Law [UPSC Current Affairs]

The Indian government is planning to introduce a Digital India Bill as a replacement for the decades-old Information Technology Act, of 2000. It may replace or modify the safe harbour provision given to intermediaries. In this article, you can read more about the safe harbour clause in the IT law for the IAS exam.

What is the Safe Harbour Clause?

• The “safe harbour” provision in the Information Technology (IT) Act refers to legal protection for Internet service providers (ISPs) and other intermediaries that host or transmit third-party content online.
• Under Section 79 of the IT Act, ISPs and other intermediaries are not held responsible for any third-party content that they host or transmit on behalf of others, as long as they comply with certain conditions. These conditions include:
  • They must not initiate the transmission of the content
  • They must not select or modify the content
  • They must observe due diligence in the operation of their services
  • They must remove or disable access to the content upon receiving actual knowledge or notification of the content’s illegality
• The safe harbour provision is intended to encourage the growth of the Internet and e-commerce by providing legal certainty for intermediaries that enable the flow of information and services online, while still holding them accountable for illegal content if they have actual knowledge of it.

Need for reconsidering safe harbour:

• The Information Technology Act of 2000 currently serves as the main regulatory framework for online businesses. The law must be updated, though, as it was created for a time when the Internet was substantially different from what it is today. The government has occasionally found it challenging to enact regulations because of the parent Act’s restrictions due to its narrow scope.
• The new Digital India Bill’s main goals are to speed up the development of technological innovation and provide an open and secure Internet in the nation in order to protect users’ rights and lower their online risks. The proposed Digital Personal Data Protection Bill, 2022, the Indian Telecommunication Bill, 2022, and a policy for non-personal data governance are all components of a larger framework of technological rules that the centre is constructing.
• Need for balancing fundamental rights (freedom of speech and expression) with the dignity of the individual and misinformation.
• The emergence of different types of intermediaries like e-commerce, digital media, search engines, gaming platforms, significant social media intermediaries, fact-checking portals, etc. 

Conclusion: It is important to consider what should we take into account as an intermediate’s safe harbour,  who should be eligible for safe harbour and should the government act as a mediator between platforms and those who are offended by content on them. The platforms that are available on the Internet nowadays are more diverse and complicated, raising the question of whether or not a safe harbour is really necessary. Who should receive a safe harbour if it is necessary?

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