WORLDTECHIndia Considers Ending Safe Harbour Protection for Social Media Platforms
India's Ministry of Electronics and Information Technology has started exploring whether large social media platforms should keep their safe harbour protection, according to The Indian Express. Withdrawing it could make platforms such as Facebook, Instagram, YouTube and X answerable for material their users publish.
What the government is considering
The Ministry of Electronics and Information Technology (MeitY) has opened talks on whether platforms should continue to be covered by Section 79 of the Information Technology (IT) Act, 2000, The Indian Express reported. Officials are assessing whether services including Facebook, Instagram, YouTube and X should lose that cover.
Under the current arrangement, the protection shields these services from liability for what their users post. According to the report, withdrawing it would expose the companies to legal responsibility for that content.
A narrower protection under review
Alongside a full withdrawal, the government is examining a narrower arrangement that would confine safe harbour to providers that only transmit information. Internet service providers (ISPs), telecom service providers (TSPs) and peer-to-peer messaging platforms would fall within that group.
The report also places Google, an internet and internet marketing company based in Mountain View, within these deliberations, though the available material does not say what position the company has taken.
Talks remain at an exploratory stage
The discussions are preliminary and no final decision has been taken. The report adds that removing the protection from social media platforms would probably require amendments to the IT Act and parliamentary approval, and that such a step should be reserved for serious violations.
Open questions
- Will the government decide to withdraw safe harbour from social media platforms?
- Would amendments to the IT Act and parliamentary approval be required before any change takes effect?