Centre to reconsider ‘safe harbour’ clause in IT law

Centre to reconsider ‘safe harbour’ clause in IT law

Why in news :

  • The Union government on Thursday formally outlined the Digital India Act, 2023, which is a broad overhaul of the Information Technology Act, 2000.
  • The government is reconsidering a key aspect of cyberspace — ‘safe harbour’.
  • Safe harbour refers to the principle that the so-called ‘intermediaries’ on the Internet are not responsible for what third parties post on their website.

  • This is the principle that allows social media platforms to avoid liability for posts made by users.

Safe Harbour Principle (Section 79 Of Information Technology Act 2000) :

  • Section 79 of the Information Technology Act 2000 introduced the safe harbour immunity clause.
  • This clause protected an intermediary from being held liable for third-party content on its platform – provided that the intermediary observed ‘due diligence’ as prescribed by the Central Government.
  • In cases where the ‘due diligence’ was not followed by the intermediary as prescribed by the Central Government, it was then made liable for the third-party’s actions even if the same was done without the knowledge of the intermediaries.

Syllabus : Prelims + Mains; GS3- Indian Economy