- Discussions on revising the safe harbour clause occurred during consultations on the proposed Digital India Act, which aims to replace the IT Act, 2000.
- Changes in the safe harbour clause could make social media platforms directly accountable for user content, removing their current legal protection.
- Under Section 79 of the Information Technology Act, 2000, intermediaries like social media platforms enjoy legal immunity for third-party content posted by users.
- It grants intermediaries immunity from liability for third-party content if they:
- Do not initiate, modify, or select the receiver of transmissions.
- Act as neutral messengers carrying content from point A to point B.
- Immunity is void if intermediaries fail to disable access to unlawful content upon notification by authorities or fail to preserve evidence of the content in question.
- Removal or alteration of the clause would make platforms legally accountable for user content.
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