Why in the News?
The Parliamentary Standing Committee on Communications and Information Technology questioned Meta over the temporary removal of the Prime Minister’s Facebook post and warned of withdrawing safe harbour protection under Section 79 of the Information Technology Act, 2000.
What is Section 79?
- Grants safe harbour protection to intermediaries, shielding them from liability for third-party content.
- Applies only if intermediaries:
- Follow due diligence requirements.
- Do not create or modify user content.
- Comply with lawful government or court directions.
Who is an Intermediary?
- An entity that stores or transmits third-party content, such as Social media platforms, Internet Service Providers (ISPs), and Search engines
- Hosts user-generated content without being its author.
Key Findings
- A Prime Ministerial Facebook post was temporarily restricted.
- The Parliamentary Committee sought:
- An explanation and audit trail from Meta.
- Assurance against future recurrence.
- The issue revived the debate on intermediary liability and platform accountability.
Challenges
- Withdrawal of safe harbour may encourage excessive content removal.
- Risks chilling free speech and legitimate dissent.
- Platforms cannot realistically pre-screen billions of posts.
- Balancing accountability with freedom of expression remains difficult.
Back2Basics
- Information Technology Act, 2000: Governs cyber laws and intermediary liability in India.
- IT Rules, 2021: Prescribe due diligence obligations for intermediaries.
- Shreya Singhal v. Union of India (2015): Supreme Court held that content takedown under Section 79 generally requires a court order or government notification.
[2017] In India, it is legally mandatory for which of the following to report on cyber security incidents?
1. Service providers
2. Data Centres
3. Body corporate.
Select the correct answer using the code given below:
(a) 1 only
(b) 1 and 2 only
(c) 3 only
(d) 1, 2 and 3.